We understand why there are so many questions, as child custody law can be complex, and there is a lot of misinformation. Each state's laws vary significantly, and it's crucial to have accurate information specific to Oregon. We're here to clear up misunderstandings and provide you with the right details, so you can make informed decisions about your child's future and your unique situation.

What is the most common child custody arrangement in Oregon?

Child custody arrangements vary based on the specifics of each family and the unique circumstances of each case. In Oregon, parties can share joint custody or one party can have sole custody.  Custody refers to the right to make decisions about the child's education, medical care, and overall upbringing. It does not concern parenting time and what time the child spends with each parent. Often custody is referred to as legal custody in other states.

•           Joint custody: This means that both parents share in the decision-making process and/or the physical care of the child. There are no tie-breakers and parties must agree on decisions.

• Sole custody: This means that one party makes custodial decisions (where the child goes to school, medical treatment, etc). The party must still generally consult with the other parent and get their opinion, but the ultimate decision lies with the sole custodian.

Oregon judges cannot order joint custody if the parties do not agree to share joint custody. If a case goes to trial, a judge must choose one of the parties for sole custody. Likewise, if the parties have agreed on joint custody, the judge cannot change that arrangement. A party can change their mind about custody later but there must be a significant change to justify a change in custody.

If a judge is choosing one parent as the sole custodian, there are several factors that are considered. The primary factors are listed in the following Oregon statute: ORS 107.137.

If we were never married, do I still need a custody order in Oregon?

Yes, if you are not married to the other parent, you will still need to establish legal rights to your child, which include custody, visitation, and child support. In Oregon, when a child is born out of wedlock, the mother automatically has sole legal custody until paternity is established. Paternity is often established by signing the birth certificate or a voluntary affidavit of paternity at the hospital. If you are not on the birth certificate or have a signed affidavit, paternity must be established before the court will issue a custody order. Often this requires filing with the court for a paternity test or getting a paternity test completed through the Oregon Division of Child Support.

 How is child custody determined in Oregon?

In Oregon, if parents agree on a custody arrangement, the court typically issues an order that confirms the terms of that agreement. If the parents are unable to reach an agreement, the state of Oregon requires the parties to attend court-mandated mediation, where a neutral third party will assist the parents in coming to an agreement. If mediation fails, the case will go to trial, and the court will make a custody determination based on the custody factors in the Oregon statute ORS 107.137.

Oregon courts consider several factors in determining custody, such as:

• The emotional ties between the child and each parent.
• The ability of each parent to provide for the child's needs.
• The child's adjustment to home, school, and community.
• The willingness of each parent to encourage a relationship with the other parent.
• Abuse of one parent by the other parent

The court may also appoint a guardian ad litem or a child's attorney to represent the child's interests in contested cases.

What's the difference between legal and physical custody in Oregon?

• Courts now refer to Legal custody simply as custody.
• The term Physical custody is no longer used and is now referred to as parenting time. Parenting time includes the normal weekly or monthly schedule, a holiday schedule and provisions regarding parenting time such as exchange locations.

Does custody primarily go to one parent in Oregon?

No, it is a common misconception that custody in Oregon automatically goes to one parent. In many cases, the parties can agree on joint custody.

There are cases where the parties agree on one parent having custody or custody is awarded to one party by a judge.  This does not mean the other parent is denied access or involvement in the child's life. Parenting time is almost awarded to both parents. The non-custodial parent also has parenting rights guaranteed by an Oregon statute, ORS 107.154. This includes access to school records, medical information, among other things.

Do I need a child custody lawyer in Oregon?

While hiring a child custody lawyer in Oregon is not required by law, it is highly advisable in many situations. Child custody laws are nuanced, and the stakes are high. Having an attorney who is familiar with Oregon family law can help you navigate the process, avoid costly mistakes, and ensure that your rights and your child's best interests are protected.

In cases where parents are in agreement about custody, legal advice can still be beneficial to ensure the agreement is fair and meets the child's needs. However, in more contentious custody disputes, an experienced child custody lawyer is invaluable in advocating for your interests and guiding you through the legal proceedings.