Custody in Oregon is determined by a judge, who must follow ORS 107.137. This law has a number of factors that the court examines to determine what is in the best interest of the child, and therefore, custody.
The most “important” of the factors is who has been the child’s primary caregiver. That means looking at who has done the grooming, cleaning, shopping, cooking, transportation, homework duties, doctor and dental appointments, etc.
However, courts take a holistic approach to custody determination.
Ultimately, the answer to this question is far too complex for a brief blog post. If you are dealing with a custody dispute, give us a call or write us so that we can discuss the specifics of your case.