How Do Courts Determine Child Custody in an Oregon Divorce?

Oregon courts must make all child custody decisions based on what is in the child's best interests. While a child may express which parent they want to live with, courts will not necessarily adhere to a child's wishes. This is especially the case with younger children. Instead, the court will review several factors when determining which parent will have primary custody, including the following:

• The emotional ties between the child and other family members;
• Each parent's current and previous level of interest in raising the child;
• Each parent's attitude toward the child;
• The benefit of continuing an existing relationship with each parent;
• Whether either spouse has a history of engaging in child abuse or domestic abuse;
• The child's preference, if the caregiver is deemed fit by the court; and
• The willingness and ability of each parent to facilitate and encourage a positive relationship between the child and the other parent.

In certain situations, a judge will consider other factors in addition to those mentioned above. For example, the court will consider each parent's conduct, marital status, income, social environment or lifestyle only if those factors are likely to result in the child suffering physical or emotional harm. Assuming each parent's household is a safe environment for a child, the court will not consider whether one parent makes more money than the other or whether they have remarried.