Oregon’s child custody rules states that the court is forbidden from granting custody primarily on the basis of the parents’ gender or financial status.
Oregon encourages divorced parents to put aside their differences and work together on figuring out how to raise their child after divorce. The problem of who gets to decide what is best for the child typically gets resolved in the case the parents cannot agree.
The court’s first concern shall be the child’s best interests and wellbeing. The court shall examine the following relevant criteria while assessing the child’s best interests and welfare: Or. Rev. Stat. Ann. § 107.137
- The emotional ties between the child and other family members;
- The interest of the parties in and attitude toward the child;
- The desirability of continuing an existing relationship;
- The abuse of one parent by the other;
- The preference for the primary caregiver of the child, if the caregiver is deemed fit by the court; and
- The willingness and ability of each parent to facilitate and encourage a close and continuing relationship between the other parent and the child.
- The identity of the parent who has served as primary caregiver, if that parent is a suitable caregiver.
When a parent proves that the other parent has sexually assaulted or engaged in a pattern of abusive behavior against the parent or a child, the court will not consider such willingness and ability unless the parent also proves that continuing a relationship with the other parent will endanger the health or safety of either parent or the child (seemingly involuntary co-parenting).
Section 107.137 (2) indicates that the court presumes that awarding custody to the abusive parent would not be in the child’s best interests. In Oregon, a parent convicted of rape cannot be awarded joint or exclusive custody of his or her child.
Neither the mother nor the father shall be granted preference in custody over the other solely on account of their shared maternal relationship, nor shall any preference be given to the father over the mother alone on account of his shared paternal relationship.
Joint Custody
A “joint custody” agreement is one in which parents share rights and duties for key decisions involving their children, such as where the child will live, what he or she will learn, how he or she will be treated, and what religion the child will follow.
An order granting joint custody may designate one home as the primary residence of the child and designate one parent as having sole authority to make decisions about specific matters, while both parents retain equal rights and responsibilities for all other decisions under the terms of the agreement.
According to Or. Rev. Stat. Ann. § 107.169, custody shared by both parents is considered useful since it clarifies the rights and duties of both parents in child rearing.
Only when both spouses agree to the arrangement and are capable of fulfilling their parenting responsibilities will the courts grant joint custody. If both parents want joint custody, the court will allow it, unless the child’s welfare is at jeopardy, which is rare.
Modification of Custody
Changes in circumstances must be shown, and the alteration must be in the best interests of the child, according to Oregon Revised Statutes: Chapter 107.137 & 107.169. It is a change of circumstances that warrants a modification of a joint custody arrangement.
Before a court can modify custody, the petitioning parent must show that circumstances have changed since the last order and that changing custody is in the child’s best interest.
In addition, the court stresses the significance of stability in a child’s life when making custody changes. You must be able to show that a change in custody will be in the child’s best interests.