Does A Non-Custodial Parent Automatically Have Parenting Time After An Oregon Divorce?

Does A Non-Custodial Parent Automatically Have Parenting Time After An Oregon Divorce?

While the term "joint custody" is commonly used to describe a parenting arrangement, under Oregon law, judges will award primary legal custody to one parent unless both parents agree to joint custody. When the court awards primary legal custody to one parent, the other parent is presumed to have parenting time. A parenting plan outlines the time each parent is permitted to spend with the child. In most Oregon counties, judges prefer that parents try to work out a parenting plan on their own or through mediation. However, if parents cannot agree, the court will come up with a parenting plan.

While parenting time is the default, courts will prevent a parent from having parenting time in certain situations. The crux of the court's analysis is what is in the best interests of the child. In most cases, courts find that a child's best interests are served by allowing ample time with each parent. That said, if one parent is incarcerated, abusive, or has a living situation that endangers the safety of their child, a court may find that it is in the child's best interests for that parent not to have any parenting time. However, absent a clear threat to the child, a court will likely order that a parent has supervised parenting time. This requires that a third party is present whenever the parent spends time with the child.

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