Divorce Guide

Divorce Guide

Oregon Divorce Custody

According to OR divorce custody guidelines, the best interests of the child should not be compromised and the safety, welfare of the child is the priority while awarding custody of the child. The following factors are considered while awarding custody of the child:
  • While awarding custody, divorce child custody guidelines in OR specify that the parent who bonds the most with the child must be given custody. Courts try to determine the love, affection, care and emotional support that a parent can offer to the child.

  • The actual wishes and basic needs of the child are also analyzed to decide which parent can meet the needs of the child and hence, “fits the bill”.

  • OR divorce custody cases are not solved based on the sex, race and community of the parents. Hence, both parents have equal chances of getting the custody of the child.

  • Oregon courts generally award physical custody to the parent who has been the primary caretaker of the child, if that parent is physically fit and mentally capable of raising the child.

  • Courts prefer joint custody or shared responsibility of the child if it is in the best interests of the child. OR joint custody laws ensure that police records of the family must be thoroughly analyzed for any cases of child neglect or child abuse or physical domestic violence or any related brutality has been committed against the child or has occurred in the family. The child may or may not have been the witness. In such cases, sole custody of the child is awarded to only one parent. That parent is authorized to take all decisions of the child. In such a scenario, the non-custodial parent may be awarded visitation rights which are supervised. Non-custodial parent is given complete access to the records and documents of the child. He/she may also apply to be the guardian of the child. If the non-custodial parent is found to be dangerous for the child, then visitation rights of the parent may be forfeited but the parent is still expected to extend child support.

  • In shared custody cases, courts prefer to jointly allocate responsibilities to both the parents if they show a penchant of cooperation in terms of child care. The parent, who is most likely to encourage the bonding between the other parent and the child, gets the prime physical custody of the child and the non-custodial parent gets the visitation rights. Courts ask both the divorced parents to formulate a sound parenting plan which can have details of visitation schedule specifying hoe they both would be sharing the time of the child. If the differences between the parents are many, then courts may ask them to formulate a visitation schedule and parenting plan with the help of custody mediator.

  • Movement of the custodial parent and child above 60 miles from the non-custodial parent needs to be notified to the latter unless otherwise ordered by the court. The notice period of shifting is formulated by the court and that should be intimated to the court also. Both the divorce parents are expected to exchange telephone numbers, addresses and keep each other informed of the child’s medical welfare.

  • OR divorce custody guidelines specify that any misconduct of a parent which does not affect the child at all, would not interfere with child custody rulings. Sexual preferences of the custodial parent, or involvement in romantic relationship does not affect the custody order as there is no child abuse or child neglect involved. However, if a parent exposes the child to drug abusers, then the child runs a risk of grave injury and custody order can be modified in such circumstances.

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