Portland Child Custody Attorney

Q: How Is Custody Decided in Oregon?

A: According to the Oregon State Bar website, Oregon courts make custody determinations based on the "best interests and welfare of the child."

Judges take the following matters into account when deciding custody:

• The child's emotional relationship with each parent
• Each parent's interest in and attitude toward the child
• Each parent's desire to continue a relationship with the child
• Each parent's willingness and capacity to facilitate and encourage a relationship with the other parent and child
• Each parent's income and home environment (only if it may cause emotional or physical harm to the child)
• Any history of family violence or domestic abuse
• Any history of alcohol or substance abuse
• Who the primary caregiver of the child is

Q: Is Oregon a Mother or Father State When It Comes to Custody?

A: According to Oregon custody laws, preference may not be shown to either the mother or the father in a custody case based on their gender. Rather, Oregon courts take into consideration the "preference of the primary caregiver of the child."

Whoever was the parent who took care of the child before the divorce has a stronger say in custody, as long as the court deems the primary caregiver to be "fit."Q: Who Has Custody of a Child When the Parents Are Not Married in Oregon?

A: In Oregon, unmarried fathers are not automatically granted parental rights, which means the mother has custody of the child until paternity is established. Once paternity is established, an unmarried father has the right to pursue custody and visitation. The mother also has the right to file for paternity if she is seeking child support.

Q: What are Oregon's Custody Laws For Unmarried Parents?

A: When it comes to custody laws regarding unmarried parents, there are several factors that the court takes into consideration.

Some factors that the court judge uses as a deciding factor for granting child custody to unmarried parents include:

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• Which parent has been the primary caregiver for the child throughout the child's life?
• What type of relationship does the child have with each of the parents?
• What type of relationship does the child have with extended family members from each side of the parent?
• Has a parent been abusive to the child (this could include physical or sexual abuse)
• What do the parents' criminal records look like?
• How old is the child?
• What is the child's current state of health and well-being?
• Who does the child prefer to live with (if he or she is of the appropriate age to choose)
• What is the parent's financial situation?
• What is the parent's state of emotional well-being?
• What would each parent's home environment look like?
• Would each parent's support allow the other parent to have a healthy relationship with the other parent? This is not considering situations where there is abuse involved.

Q: What Are Unmarried Fathers' Rights in Oregon?

A: Since unmarried fathers do not automatically get parental rights over their child or children, it is important for the father to take legal action as soon as possible. If the father does not take legal action, in the state of Oregon, he will not have the legal right to be in his child's or his children's lives.

What steps an unmarried father must take to obtain legal rights:

• It is important for both the mother and the father to take part in deciding the father's position.
• The father must ensure that his name is printed on his child's birth certificate (verifying that he is the father of the child or the children). This grants acknowledgment of paternity.
• If the mother refuses to sign the acknowledgment of paternity, the father may submit a paternity test to petition the court.
• The court must issue an order verifying and naming the individual as the legal father. After this is done, the unmarried father is able to seek custody and visitation.

Q: What Is Considered an Unfit Parent in Oregon?

A: Oftentimes, in heated child custody cases, one parent may accuse the other of being "unfit".

To be ruled unfit by a judge, the parent in question must have failed to provide the child(ren):

• Guidance
• Support
• And care

Basically, the parent must have failed to carry out their role as guardian and provider. Due to the implications that this may have on child custody and/or visitation, accusations are taken very seriously. False allegations aren't taken lightly and may result in strict penalties.

Oregon courts may deem a parent unfit if he or she:

• Displays abusive or cruel conduct towards the child;
• Uses intoxicating liquors or controlled substances to the extent that parental ability is impaired;
• Physically neglects the child;
• Is involved in criminal conduct that impairs his or her ability to provide adequate care;
• Has a mental health condition that renders him or her incapable of providing proper care for the child for an extended period of time.

Q: At What Age Can a Child in Oregon Decide Which Parent to Live With?

A: In Oregon custody cases, minor children do not have a say in which parent they may live with. Custody is determined between the parents, or by the court if custody is contested.

Children in Oregon may only choose who they live with once they are emancipated/reach the age of majority, which is 18 years old. This is not to say that the child's wishes aren't heard. They are always considered, but the weight behind their wishes isn't as heavy as what the judge feels is best for them.

Q: Can I Move if I Have Sole Custody?

A: In Oregon, the custodial parent may move up to 60 miles away from his or her current residence without providing notice or gaining approval from the other parent.

However, in order to move more than 60 miles away, the custodial parent must provide notice to both the other parent and the court. If the other parent disagrees with the move, he or she must file a petition with the court. The judge will then make a decision about the move based on whether it is in the child's best interests.

Related Reading

• Do Oregon Courts Favor Mothers in Custody Disputes?
• How is Child Custody Determined in Oregon?
• Do Grandparents Have Custody Rights Over a Grandchild?

Contact Us at (503) 433-8340 to Discuss Your Needs and How Our Portland Child Custody Attorneys Can Help.