Oregon Child Custody and Child Visitation

Spending time in an Oregon court over child custody and child visitation issues can be an emotional and complicated process. Oregon courts push parents to come to an amicable resolution on Oregon child custody and Oregon child visitation rights, because it will lessen the emotional impact on the children. However, Oregon courts must often intervene and make difficult decisions due to the parents’ inability to compromise. If courts are forced to intervene, then they will assign custody and visitation rights based on what are in the best interests of the child. A number of factors are used to determine the child’s best interests. These factors and other notable rules regarding child custody and visitation in Oregon are provided below. A parent should consult an Oregon child custody attorney before going through child custody proceedings.

Oregon Child Custody

A parent in Oregon may receive sole custody or joint custody of the child. Child custody decisions in Oregon are made with the background understanding that Oregon courts attempt to assure that children have frequent and continuing contact with the parent. Oregon courts decide child custody issues based on the child’s best interests, determined by assessing the following factors:

• The emotional ties between the child and each parent
• Each parent’s interest in and attitude towards the child
• Each parent’s desirability of continuing an existing relationship with the child
• Each parent’s history of domestic violence or abuse
• The preference for the primary caregiver of the child
• Each parent’s willingness and ability to facilitate a strong and continuing relationship between the child and the other parent

When making a decision on the custody of a child, Oregon courts have the authority to investigate the child’s and each parent’s physical, psychological, psychiatric, or mental health. This is done to ensure that the child is in the best position to protect his or her future interests.

If during the Oregon child custody proceedings a parent deems necessary, he or she may petition the court for a temporary restraining order to stop the other parent from taking a certain action regarding the child. A court may issue a temporary restraining order and stop the other parent from doing the following:

• Changing the child’s usual place of residence
• Interfering with the present placement and daily schedule of the child
• Hiding the child from the other parent
• Interfering with the petitioning parent’s visitation rights
• Leaving the state with the child

While the information above is useful, it is not comprehensive. Therefore, an Oregon child custody attorney should be consulted when going through child custody proceedings.

Oregon Child Visitation Rights

Generally, noncustodial parents will be granted reasonable visitation rights unless doing so would be detrimental to the child’s best interests. Visitation rights refer to a noncustodial parent or nonparent’s right to visit and spend time with the child. These are rights granted by the Oregon court and are legally enforceable.

Once custody is decided, Oregon courts hope that parents will create a parenting plan that will lay out the custody and visitation schedule for each parent. The parenting plan helps parents understand their rights and responsibilities when it comes to custody and visitation such as holiday and weekend child visitation. Courts give parents broad discretion when creating these plans. It is only when parents cannot compromise and create a plan that courts will intervene and create them.

If attempting to obtain child visitation rights it is highly advised that you consult an Oregon child custody attorney with experience working on child visitation rights to protect your rights.

Oregon Revised Statutes

Child Custody and Child Visitation

1. Oregon Child Custody
   • Vol. 3, Chp.107 §§ 107.097, .137 - .154, .425
2. Oregon Visitation Rights
   • Vol. 3, Chp.107 §§ 107.101, .320, .325