How Do I Change Custody or Parenting Time With My Child/Children?

Child custody and parenting time are two issues in a divorce that can cause the most disagreements between spouses. Often both parents want physical custody of the child or children. The two common forms of child custody are sole custody and joint custody. These categories are further broken down into physical and legal custody. Sole or joint physical custody means that one of the parents lives with the child. In a joint physical custody, the child would live a designated amount of time at each parent's residence. When legal custody is sole or joint, one or both parents can make decisions for the child, including education and religious practice.

Under Oregon law, a court cannot award joint custody unless both parents agree to it. The court determines child custody based on several factors set forth under Oregon law, such as:

• The emotional ties between the child and other family members;
• The parent's attitude toward the child;
• The abuse of one parent by the other;
• Who is currently the primary caregiver of the child, and is that parent deemed fit by the court;
• The parents' incomes; and
• The parents' social environments or lifestyles.

Parenting time is set by the court in divorce cases to provide the noncustodial parent with access and time with the child. The terms of the parenting time are listed in the parenting plan and the child's residential schedule, holidays, birthday, vacation time and communication access between the noncustodial parent and child. The parent may agree, or the court may order modification to the child custody arrangement and the parenting time if it is in the child's best interest. To modify a child custody or parenting time order, a parent may submit a motion requesting child custody modification or parenting time. Parents may agree to change the child custody or parenting time court order if the parents both sign and submit to the court a notarized agreement requesting the modification.