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A judge cannot give custody to a parent just because the parent is the mother or father of the child. Also, the judge will consider the conduct, marital status, income, social environment or lifestyle of a parent only if it is shown that those factors are causing or may cause emotional or physical harm to the child.
When Can My Child Refuse Visitation? There is no specific age at which a child can decide to refuse to visit with a parent or change custody arrangements without the court's approval.
How to File for Custody in Oregon Agree on a Parenting Plan. The first step in a custody case is to create a parenting plan detailing the proposed arrangement. ... Calculate Child Support. ... File Paperwork. ... Serve Respondent. ... Resolution.
In Oregon, as long as paternity has been established, the laws on custody and parenting time are the same for both married and unmarried parents. The best interest of the child is the main focus in making decisions about custody and parenting time.
Your request for modification should be filed in the circuit court that entered the judgment you are asking the court to modify. If either party lives in a different judicial district in Oregon than the one that entered that judgment, you may request that the case be transferred.
In Oregon, the custodial parent can relocate within 60 miles of the other parent without notification ahead of time. No matter the distance, however, the parents must continue to honor the court-ordered parenting agreement. For moves of greater distances, the state statute has a notice of intent to relocate provision.
In Oregon, a judge can only award joint custody when both parents agree that they want to have joint custody. If either parent objects to joint custody, then the Court will be forced to award sole custody to one parent (see ORS 107.169(3)). As we explain below, custody is not the same as parenting time.
Oregon law list factors to determine if a parent is unfit, such as abusive, cruel or sexual conduct toward any child; addiction or habitual use of narcotics, alcohol or controlled substances; physical neglect of the child; or mental health condition that renders parent incapable of proper care to the child.