How Is Child Custody Determined in Oregon?

Parents have equal rights and responsibilities to the care, custody, and control of their children. Therefore, neither parent is given priority over receiving custody of their child because each is fully entitled to be the custodial parent. Child custody can be determined during divorce cases and in custody cases. In child custody cases, parents are seeking legal custody of their child, which means the legal custodial parents have the rights and responsibilities to make the major decisions concerning the child, such as education and health care.

Married and unmarried parents may file a petition with the court to seek custody of their child. In some instances, the court will determine custody once the paternity has been established between the child and the father. In deciding custody, the court looks at certain factors to determine what is in the best interest of the child. The factors of child custody include the emotional relationship between the child and other family members; the relationship between the child with each parent; the desire to continue the parent-child relationship; the abuse of one parent by the other parent; preference toward the primary caregiver of the child if deemed fit by the court; and the willingness of each parent to encourage the relationship between the child and the other parent.