By Olivia Wathne, Esq. | Legally reviewed by Ally Marshall, Esq. | Last reviewed December 12, 2024
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When they separate, parents must agree on child custody arrangements. This includes how they will make major decisions about their child. If parents can't agree, courts will decide the best course of action based on state child custody laws.
All states, except Massachusetts, adhere to the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA). Oregon law allows joint custody for separated parents. Grandparents also have state-recognized visitation rights.
Read on for a brief overview of child custody laws in Oregon.
In Oregon, child custody arrangements involve legal custody and physical custody.
Legal custody is decision-making authority about the child's upbringing. This includes decisions related to:
Legal custody can be granted to one parent (sole legal custody) or shared between both parents (joint legal custody). It depends on the child's age, health, and emotional ties to each parent.
Physical custody is where the child lives on a day-to-day basis. Physical custody can be awarded to one parent (sole physical custody) or shared between both parents (joint physical custody).
A court will consider the existing relationship and each parent's role as the primary caregiver. Oregon courts focus on arrangements that serve the best interests of the child and also consider the non-custodial parent.
The details of Oregon's child custody statutes are in the chart below.
| Code section | § 107.102 et seq. of the Oregon Revised Statutes |
|---|---|
| Year Uniform Child Custody Jurisdiction and Enforcement Act adopted | 1999 |
| Joint custody an option? | Yes, §§ 107.105(a), 107.169 |
| Grandparent visitation rights recognized? | Yes, § 109.119 |
| Child's own wishes considered? | A judge may consider a child’s preference but it depends on the facts of the case. |
Note: State laws are always subject to change. While we strive to provide the most current information available, it's best to talk to a local child custody attorney if you have questions about how these laws apply to your situation.
In some cases, Oregon parents can agree on a custody arrangement through a parenting plan. The court will generally accept this agreement if it's in the minor child's best interests. But, if parents can't reach an agreement, they may have to attend a custody hearing in court to resolve contested custody issues.
The child's best interests will be the primary consideration in crafting a custody order. This includes the child's safety, well-being, and continuing relationship with family members.
Oregon family courts take into account various elements that may impact the child's life, including:
Factors like completion of parenting classes, marital status, and the ability to provide child support may also influence the court's decision on custody and parenting time in Oregon.
Sorting out child custody issues when a relationship is ending can be emotionally tough and legally complex. Contact an Oregon family law attorney for legal advice about a child custody matter. They can give you personalized guidance based on your situation and legal needs.
Contact a qualified attorney.
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