Protecting your children's best interests while preserving your parental rights.
In Oregon, custody arrangements focus on what's best for the children. The court considers many factors when determining custody, always with the child's well-being as the primary concern.
The right to make major decisions about your child's life, including education, healthcare, and religious upbringing. This can be held jointly or by one parent.
Where the child primarily lives. Even when one parent has primary physical custody, both parents typically have parenting time.
Oregon courts evaluate multiple factors when making custody decisions:
"Oregon courts do not favor one parent over the other based on gender. The focus is always on what arrangement best serves the child."
Parenting time (visitation) schedules vary based on the children's ages, parents' work schedules, and distance between homes. Common arrangements include:
We work with you to develop a parenting plan that maintains your children's stability while ensuring meaningful time with both parents.
Under Oregon Revised Statutes 107.137, courts determine custody arrangements based on the best interests of the child. This statute outlines specific factors that judges must consider when making custody decisions. These best interests factors include:
Oregon law does not favor one parent over the other based on gender. Both mothers and fathers have equal standing in custody disputes. The focus is entirely on what arrangement best serves the child's welfare and development.
In Oregon, custody can be joint (shared decision-making) or sole (one parent has decision-making authority). Many Oregon courts favor joint custody arrangements that keep both parents involved in major decisions about the child's education, healthcare, and welfare, even when one parent has primary physical custody.
In Oregon custody cases, a Parenting Plan is required. This legal document outlines the custody and parenting time arrangement and must address specific elements required by law. A comprehensive parenting plan includes:
A well-drafted parenting plan provides clarity for both parents and helps minimize conflict by establishing clear expectations and procedures for handling parental responsibilities.
Custody orders are not permanent and can be modified if there is a substantial change in circumstances. Oregon allows either parent to petition the court for a modification of custody if circumstances have changed significantly since the original order was entered.
Common reasons for custody modifications include:
To modify custody, you must demonstrate that there has been a material and substantial change in circumstances and that the modification would be in the best interests of the child. At Crawley Law, we help parents navigate custody modifications to ensure their children's needs are met.
Oregon law does not automatically grant children the right to choose at a specific age. However, the statute allows the court to consider a child's preference if the child is mature enough to express a meaningful preference. This is case-specific and depends on the child's maturity level. The court will evaluate whether the child is old enough and mature enough to make an informed decision, rather than being influenced by one parent.
You can potentially move out of state, but you must first obtain the other parent's consent or court permission. Oregon law requires notification to the other parent if you intend to relocate with the child. If the other parent objects, you must petition the court, and the judge will determine whether the move is in the child's best interests. The court will consider factors like the distance of the move, the reason for relocation, and the impact on the child's relationship with the other parent.
In Oregon, grandparents can petition for visitation (parenting time) rights if it is in the best interests of the child. Grandparents have stronger rights if they have been the primary caregiver or if the child lived with them. However, the law generally presumes that parents have the fundamental right to make decisions about their children, so grandparents must show good cause for custody or visitation rights.
The length of a custody case varies depending on whether it is contested or uncontested. If both parents agree on custody, the case can be resolved relatively quickly. Contested custody cases can take several months to over a year, particularly if there are complex issues or if the case goes to trial. Many cases are resolved through mediation or settlement conferences within 4-8 months.
In contested custody cases, the court may order a custody evaluation. A trained evaluator (usually a social worker or psychologist) will meet with each parent and the child, review relevant documents, and provide a report and recommendation to the court about custody arrangements. The evaluator's report is intended to help the judge make a decision in the best interests of the child.
Schedule a consultation to discuss your custody concerns and options.
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