Chapter 107 in the Oregon Revised Statutes contains the laws about child custody in Oregon. Here is a brief overview of some of the laws that parents can use in their custody situation.
The requirement of a parenting plan. The state requires that parents create an Oregon parenting plan and file it with the court. There aren’t exact specifications for the plan–it can be specific or general. A general plan can include the basic outline for how the parents will share parenting time and parental responsibilities. The parents can then have an informal agreement where they understand the details. The mother and father can also have a very specific parenting plan that details the exact Oregon custody schedule, the holiday schedule, how the parents make decisions, etc.
Joint custody. Oregon gives parents the option to have joint custody if they want. This doesn’t mean that an Oregon visitation schedule gives both parents exactly equal time with the children. The children can still live with a primary custodian and visit the other parent. Joint custody refers to the idea that parents are sharing parental tasks and duties. They can divide them as they wish in their parenting plan. The court will not award joint custody if the parents haven’t agreed to it, nor will the court not allow parents who want joint custody to have it.
Best interest of the child. As in other states, the Oregon standard for all custody decisions is the best interest of the child. Everything in an Oregon custody agreement must benefit the welfare of the child. Here is a list of the factors that the court considers when determining what is best for the children. Parents should also think about these.
- The emotional ties between the child and other family members;
- The interest of the parties in and attitude toward the child;
- The desirability of continuing an existing relationship;
- The abuse of one parent by the other;
- The preference for the primary caregiver of the child, if the caregiver is deemed fit by the court; and
- The willingness and ability of each parent to facilitate and encourage a close and continuing relationship between the other parent and the child, unless a continuing relationship with the other parent will endanger the health or safety of either parent or the child.
In determining custody of a minor child, the court shall consider the conduct, marital status, income, social environment or life style of either party only if it is shown that any of these factors are causing or may cause emotional or physical damage to the child.