Parental interest and attitude towards the child. The convenience of continuing an existing relationship. In Oregon, the court generally orders that one parent be exclusive legal and physical and the other should receive parenting time. A court in Oregon cannot order joint custody unless both parents agree to do so.
Joint legal custody, in which most decisions about children must be made together, will only be granted when both parents agree. Sole legal custody gives a parent the ultimate decision-making authority, although they are still encouraged to work together to make important decisions. Even when a parent does not have legal custody, they have the right to stay up to date on the child's health and education, unless the court says otherwise. In Oregon, joint custody is only granted if both parents agree to share power and responsibility to make decisions.
If one or both spouses reject this option, the court will make an exclusive legal custody determination in favor of one of the parents. It's not uncommon for physical custody to be granted jointly in these situations. Child support and health insurance coverage may be mandatory, but the amount may be affected by the specific details of the custody plan. The law generally recognizes that it is in the best interest of the child to maintain a close and ongoing relationship with both parents.
Oregon law favors co-parenting as the best thing for the child, and the courts will favor a parent who is willing to cooperate rather than a parent who tries to take their child away from the other parent. Yes, if the non-custodial parent proves that something happened to make it necessary to change custody, for example, the child was neglected or abused since the time of the last custody order. In a child custody dispute, the court may grant joint custody to both parents or sole custody to one of the single parents. Because of all of this, it's generally best for you to hire a child custody lawyer, especially if your ex hired one.
Understanding Oregon's Child Support Laws Can Help Washington County Parents In general, courts will allow a custodial parent to move, even because of the noncustodial parent's objections, as long as the move is in the best interest of the child or children. Determining child custody can be forged with emotions as parents come to terms with wasting time with their children. However, in some cases, the court may not allow the custodial parent to move or it may change custody to the non-custodial parent. If paternity has not been established, the mother has legal custody but cannot get a child support order.
Oregon courts don't have a presumption in favor of joint custody orders when evaluating child custody. If there are no new problems in the child's home, the judge likely won't change the custody order, even if the non-custodial parent can now provide a better home. Therefore, when a child and a non-custodial parent have lived very close to each other and have enjoyed regular parenting time together, there are special considerations when a custodial parent wants to relocate (move). If the custodial parent seriously interferes with visitation, the noncustodial parent can file a motion to transfer custody to the noncustodial parent.
In Oregon, the court does consider the child's reasonable wishes when determining which parent wins custody.