Child Custody

IN OREGON

Oregon laws are designed to protect children & promote their best interests when there is a disagreement between parents.

Legal Custody

Legal custody gives a parent authority to make the major decisions about a child's welfare.

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Generally, there are two types of custody:  Legal and Physical.

Education

LEGAL CUSTODY

A parent with legal custody can make decisions about things like:

Non-emergency medical

Religion

Primary residence

Physical Custody

Physical custody refers to where a child primarily lives. In Oregon, physical and legal custody are separate matters.

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What is parenting time?

PHYSICAL CUSTODY

Oregon courts use the term parenting time in place of visitation: contact between the child and the parent who does not have custody and the child.

What is a parenting plan?

A parenting plan refers mainly to the amount of time a child spends with each parent.

Oregon law does not favor either parent.

How is custody determined?

Which parent has been the primary caregiver

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Whether one parent has a history of domestic abuse

Fitness and emotional stability

Which parent is most likely to support the other's parent-child relationship

Emotional ties between child, parent and family members

Criminal history of parents

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A JUDGE WILL CONSIDER:

Child custody procedures end when a judge signs a child custody order.

If parents later decide to change their parenting plan outside of court, that agreement may not be legally binding.

Seek Counsel

If you are concerned about child custody issues, contact one of our family law attorneys at Gearing, Rackner & McGrath, LLP. 

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Our  child custody lawyers can guide you through the complexities.