Portland Divorce Lawyer - Oregon Child Custody Basics
Child custody in Oregon comes in two basic varieties: sole and joint custody. Sole custody is where one parent or person obtains full legal responsibility for the primary care of a minor child. Joint custody is where both parents agree to share full legal responsibility for the primary care of a minor child. Neither type of child custody necessarily implies anything about how much time the child or children will spend with each parent, but only deals with the "legal responsibility" of the child or children. As a Portland divorce lawyer, I get questions about what this means from every client, because the term "legal responsibility" means little to the average person. Basically, legal responsibility deals with making decisions about a child's schooling, religious upbringing, medical and dental decisions and such.
Some parents even confuse sole and joint custody with the idea of visitation or parenting time. It is not uncommon for a parent to think that seeking sole custody means that the other parent will not get to see the child. This could not be further from the truth. In fact, any Portland divorce attorney will tell you that Oregon has a strong presumption that all parents should be able to see and spend time with their children, unless doing so would present potential harm to the child.
Joint custody can only be awarded in an Oregon divorce where both parents agree to joint custody. Therefore, if one parent seeks sole custody, joint custody cannot be imposed, and the court must decide who will get sole custody. Custody of a child is determined using the "best interest and welfare of the child" standard. This standard is applicable to initial determinations of child custody as well as child custody modifications.
In determining the best interests and welfare of a child, a court may consider the following relevant factors:
This standard is quite fluid and there are no hard and fast rules when it comes to custody. Like many things in family law, child custody is a matter of equity and the court must decide what it believes to be the most equitable decision, based on the facts of the case. This is unlike Oregon child support, which is governed by very exact and precise rules.
If you are going through a child custody battle, it is imperative that you enlist the help of a divorce attorney Portland Oregon practitioner who can help you best present your case for custody. A represented person can have a huge advantage in such a trial, because an experienced trial attorney will know how to prepare a case and gather helpful evidence that can convince a judge of the merits of one's position. Also, an experienced attorney understands the requirements and procedures of family court and can help you insure that you do not make any missteps that could hurt or lose your case.
Some parents even confuse sole and joint custody with the idea of visitation or parenting time. It is not uncommon for a parent to think that seeking sole custody means that the other parent will not get to see the child. This could not be further from the truth. In fact, any Portland divorce attorney will tell you that Oregon has a strong presumption that all parents should be able to see and spend time with their children, unless doing so would present potential harm to the child.
Joint custody can only be awarded in an Oregon divorce where both parents agree to joint custody. Therefore, if one parent seeks sole custody, joint custody cannot be imposed, and the court must decide who will get sole custody. Custody of a child is determined using the "best interest and welfare of the child" standard. This standard is applicable to initial determinations of child custody as well as child custody modifications.
In determining the best interests and welfare of a child, a court may consider the following relevant factors:
- The emotional ties existing between a child and other family members;
- The parties' interests in and attitudes toward their child;
- Any desirability of continuing an existing relationship between parent and child;
- Any abuse by a parent towards the other parent or the child;
- The preference of the child in who should have custody (assuming both that the court deems that person fit and the child is old enough to make a personal decision of that sort); and
- Whether each parent is willing and able to help and encourage a close and continuous relationship between the other parent and their child (this is not applicable where abuse exists).
This standard is quite fluid and there are no hard and fast rules when it comes to custody. Like many things in family law, child custody is a matter of equity and the court must decide what it believes to be the most equitable decision, based on the facts of the case. This is unlike Oregon child support, which is governed by very exact and precise rules.
If you are going through a child custody battle, it is imperative that you enlist the help of a divorce attorney Portland Oregon practitioner who can help you best present your case for custody. A represented person can have a huge advantage in such a trial, because an experienced trial attorney will know how to prepare a case and gather helpful evidence that can convince a judge of the merits of one's position. Also, an experienced attorney understands the requirements and procedures of family court and can help you insure that you do not make any missteps that could hurt or lose your case.