Child Custody and Parenting Time

When child custody or parenting time is disputed, an experienced attorney can assist you with many common difficult decisions. Various counties in Oregon all have different local rules and procedures that will affect your case. A knowledgeable lawyer understands the rulings of each. At the Law Office of Stephen J. Bedor, we have extensive experience with family law in Oregon.

What Determines Custody of a Child?

There are a number of statutory provisions that have an impact on custody and parenting time. ORS 107.137 sets forth the statutory factors to be considered in determining custody of a child. It states in part:

"In determining the best interests and welfare of the child, the court shall consider the following relevant factors:

  • 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 abuse of one parent by the other;
  • The preference for the primary caregiver of the child, if the caregiver is deemed fit by the court; and
  • The willingness and ability of each parent to facilitate and encourage a close and continuing relationship between the other parent and the child. However, the court may not consider such willingness and ability if one parent shows that the other parent has sexually assaulted or engaged in a pattern of behavior of abuse against the parent or a child and that a continuing relationship with the other parent will endanger the health or safety of either parent or the child."

How these statutory factors and others apply in your case will depend on how your facts are presented to a custody evaluator or to the court. Custody and parenting time decisions are based on the unique facts in your case. Our dedicated attorney can assist you in seeking the best results for your specific set of circumstances.

What Is Joint Custody?

Joint custody is not a 50-50 parenting time arrangement. It is an arrangement by which parents share rights and responsibilities for the major decisions concerning the child, including, but not limited to, the child's residence, education, health care and religious training. The child may have a primary residence with one parent or one parent may be designated sole power for decisions regarding a specific matter, but in theory both parents still have equal rights and responsibilities for the other decisions. In Oregon the court will not order joint custody of the objection of either party. Agreeing to joint custody may affect your rights at a later date. Joint custody should not be entered into without first obtaining sound legal advice.

Can a Child Custody Agreement Be Modified?

Modifications of child custody and parenting time decisions can be made under certain circumstances. Whether a court will modify custody and parenting time depends on the individual facts in your case and how they are presented in court.

Questions? Reach Out to Us Today

Contact us online to discuss your best options for child custody or parenting time. We ensure your child's best interests will always be met. We can also provide legal assistance if you are considering modifying an existing child custody agreement.