PORTLAND OREGON CHILD CUSTODY LAWYER

Who gets the full custody of your children is regulated by several factors in Oregon that are defined by the best interest and welfare of the child. These factors are listed in ORS 107.137 (factors considered in deterring child custody of child) and include:

• Emotional ties between the children and the other family members, including other children form separate relationships;
• The interest of the parents in the attitude toward the child;
• Abuse within the family relationship; and
• Willingness and ability of each parent to create, encourage, and foster a close and continuing relationship between the other parent and the child.

The parent that receives full custody will be able to make major decisions for the minor children such as what school the children will attend, what religion the children will practice, what type of education the child will receive, what type of health care the child will receive and ultimately where the young children live. These are major decision that should be discussed with a knowledgeable attorney before agreeing to who will have custody.

Will I get Custody if I am the Father?

Both parents, mother and father, are entitled to full custody of the minor children in Oregon.  The Oregon law that guides the custody decision specifically states: “no presence in custody shall be given to the month over the father for sole reason that she is the month, nor shall any reference be given to the father over the mother for sole reason that he is the father.” ORS 107.137(5).

What if I Want Joint Custody?

Both parties must agree to joint custody in Oregon if a judge is going to be able to award joint custody. Ultimately, if either parent objects or disagrees  with joint custody, a judge will have to decide which parent will have sole custody of the minor children. Additionally, joint custody does not mean that each parent will have fifty percent of the time with the child. Rather, joint custody means that the parents will share the decision making process for the child.

Can my Child Decide Who Gets Custody?

The courts focus on the best interest and welfare of the child when making a custody decision. Because the court is concerned with the child developing the strongest relationship with both mother and father as the child grows, the court may not give deference to the child’s wishes as it forces the child to choose between mother and father at an early age. Rather, the court looks to the factors found in ORS 107.137 when deciding who should have custody.

Temporary Orders – Custody

During the course of a divorce or custody matter, the initial decision of who gets custody until the final resolution of the matter is often decided through the use of a temporary order regarding parenting time, child custody, and child support. Most counties in Oregon require the parents to participate in mediation to attempt resolution of the matters in an informal setting. However, if the parties are unable to resolve the issues through the alternative dispute resolution techniques the court will schedule a hearing on the matters.

Temporary orders are no longer in effect once the final judgement is entered by the court, however, the temporary order can have a significant impact on the final decision in the case. It is important to discuss the matter of a temporary order for parenting time, child support and custody with an experienced family law attorney before making any decisions.

What are my Rights if I do not get Sole Custody? 

In Oregon, the parenting that does not receive sole legal custody is called the non-custodial parenting. Oregon revised Statute 107.154 specifically states that the authority of the parenting when the other parenting is granted sole custody is:

• To inspect and receive school records and to consult with school staff concerning the child’s welfare and education, to the same extent as the custodial parent may inspect and receive such records and consult with such staff;
• To inspect and receive governmental agency and law enforcement records concerning the child to the same extent as the custodial parenting may inspect and receive such records;
• To consult with any person who may provide care or treatment for the child and to inspect and receive the child’s medical, dental and psychological records, to the same extent as the custodial parenting may consult with such person and inspect and receive such records;
• To authorize emergency medical, dental, psychological, psychiatric or other health care for the child if the custodial parenting is, for practical purposes, unavailable; or
• To apply to be the child’s conservator, guardian ad litem or both.

Can I Change who has Custody Later? 

Changing who has sole legal and physical custody of the child is called a modification of custody. A modification of custody in Oregon requires the parties to establish that a substantial change in circumstances has occurred. The court must first be presented with evidence showing a substantial change in circumstance before it will consider if the change is in the best interest of the child.

Costs and Attorney Fees

Gzik Law, PC offers family law initial consultations for a flat-fee of $100.00. During the initial in person consultation, we will discuss the issues relating to your divorce and the potential fees and costs associated with each step.

Gzik Law, PC is proud to serve the entire Portland Oregon Metropolitan area, including Portland, Hillsboro, Beaverton, Bethany, Tigard, Lake Oswego, Milwaukie, Forest Grove, Scappoose, McMinnville, Cornelius,  Gresham, West Linn, and Oregon City.