Oregon Divorce Guide

Child Custody

Oregon courts will make determinations Child custodyand orders for child custody (more recently called parenting time in this state) based on the best interests and welfare of the child. Courts permit parents to attempt to put together a Parenting Plan, Child Custody Schedule or Child Visitation Schedule. Should that effort fail, the court will impose its own plan. in either case, in determining the best interests and welfare of the child, the court will consider the following:

  • The 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
  • The preference for the primary caregiver of the child
  • The willingness and ability of each parent to facilitate and encourage a close and continuing relationship between the other parent and the child

No preference in custody will be given to the mother over the father for the sole reason that she is the mother, nor will any preference be given to the father over the mother for the sole reason that he is the father.

An order for the custody, parenting time, visitation or support of a child will include provisions for:
  • Payment of uninsured medical expenses of the child
  • Maintenance of insurance or other security for support and
  • Maintenance of a health benefit plan for the child under age 18
If sole custody is awarded to one parent, the other parent has the same rights to:
  • review and receive school records and to consult with school staff concerning the child’s education
  • have full access to governmental agency and law enforcement records concerning the child
  • have access to any person providing care or treatment to the child
  • authorize any medical personnel to care for the child in the absence of the custodial parent

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Parents must agree to and file a parenting plan and must include:Child custody
  • day-to-day schedule for the child
  • Decision-making and responsibility
  • Weekends, including holidays, and other days the school may close
  • Holiday, birthday and vacation planning
  • Electronic access
  • Information sharing and access
  • Relocation of parents
  • How and when the child gets transported
  • A means for resolving disputes

Parenting rights when the other parent has sole custody:
  • To inspect and receive school records and to consult with school staff concerning the child’s welfare and education, to the same extent as the custodial parent may inspect and receive such records and consult with such staff
  • To inspect and receive governmental agency and law enforcement records concerning the child to the same extent as the custodial parent may inspect and receive such records
  • To consult with any person who may provide care or treatment for the child and to inspect and receive the child’s medical, dental and psychological records, to the same extent as the custodial parent may consult with such person and inspect and receive such records
  • To authorize emergency medical, dental, psychological, psychiatric or other health care for the child if the custodial parent is, for practical purposes, unavailable; or
  • To apply to be the child’s conservator, guardian ad litem or both

[Oregon Statutes – Volume 2 – Sections: 107.105, 107.137, 107.169]

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