If you are getting a divorce in Oregon, the court will decide child custody issues based on the best interests of the child. This article explains how judges apply this standard in Oregon. For more information on Oregon divorce laws, see Divorce Basics in Oregon. To see all of our articles on child custody, see our Child Custody area.
Oregon law states that no preference should be given to the mother regarding custody. However, due to the continued popularity of traditional marriages, in which the husband works and the wife stays home, mothers "win" contested custody cases more often.
Courts will consider these other factors in making custody decisions:
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."
Eighteen is the age of emancipation, but Oregon courts may order support for qualifying students up to the age of twenty-one.
No. In this situation, courts are firmly of the opinion that two wrongs don't make a right. Take proper legal action to collect child support!
Same answer here: No. Your child support obligation continues, regardless of your ex's bad behavior. You'll need to go to court to enforce your visitation and custody rights.
Usually not. Oregon law says that the court may not consider a parent's conduct, marital status, income, social environment, or lifestyle, unless it is causing or may cause physical or social harm to the child.
Yes. Although it is only one of the factors the court may consider in awarding custody, it's weighed more heavily than the rest. Courts in Oregon presume that it is not in the best interests of the child to grant an abusive parent sole or joint custody. For more information, see Child Custody in Oregon: The Best Interests of the Child.
Joint legal custody gives both parents the authority to make major decisions about the children. It igoes beyond where the children live (in other words, 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 from the other permanently without the prior permission of the other parent or the court.