Do my children choose where they live after divorce?
No. The main concern of a judge is the best interests and welfare of the children. A child's stated preference can be a factor, but usually only when the child is at least 14 years old. We pay more attention to teenagers, but adults make the final decision.

Will the mother always get custody?
Oregon law provides that no preference be given to the mother regarding custody. However, due to biology and with usual family arrangements, i.e., husband works; wife stays home, mothers "win" contested custody cases more often.

What other factors influence the judge's decision on custody?

• 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; and
• The abuse of one parent by the other.

If both parents share custody, does that mean no one pays child support?
No. If one parent has a much higher income, expect a transfer of some funds to the other parent. Oregon child support guidelines have an adjustment provision for "shared custody."

At what age can a child be cut off from support?
Eighteen is the age of emancipation, but Oregon courts may order support for qualifying students up to the age of twenty-one.

Can I stop my ex from seeing the children if I don't get my child support payments?
No. "Two wrongs don't make a right!" Take proper legal action to collect child support!

Can I stop paying child support if my ex won't let me see the children?
No. "Two wrongs don't make a right!" Take proper legal action to enforce your visitation rights!

My ex has a lover. Can I get the court to stop my ex from visiting the children in the presence of the lover?
Usually not.

My ex physically abused me during marriage. Should I be worried about the children having unsupervised visitation?
Some experts believe a person who abuses a spouse may abuse the children. Generally, courts require some evidence that unsupervised visitation goes against the children's best interests.

What's the difference between joint legal custody and sole legal custody?
Joint legal custody confers authority on both parents to make major decisions about the children. It is much more than where the children live (it does not mean the children spend half the time with Dad and the other half with Mom). Sole legal custody means that one parent makes all of the big decisions, but usually can't take the children more than 60 miles away permanently without the prior permission of the other parent or court.