Child Custody & Parenting Time

Oregon Child Custody & Parenting Time Attorney 

Legal custody means having the legal responsibility for caring for a child or children. In most cases in Oregon one parent is awarded legal custody of the children while the other parent is awarded parenting time. In situations where joint custody is awarded the parents share all or most of the decision-making authority about the welfare of the child or children. Oregon courts cannot order joint custody unless both parents agree to terms.  Joint custody should not be confused with parenting time; it does not mean that the child or children must spend an equal or substantial amount of time in each parent's home.  A joint custody order often states that one parent is the primary caregiver and that the other parent shall enjoy specific parenting time.

"Parenting time" is a legal term of art that Oregon courts use instead of "visitation." Parenting time and visitation are the same thing. A divorce judgment or court order will customarily address custody and parenting time issues. As noted above, either parent or both parents can be awarded custody and parenting time in some way, shape or form. If the parents are able to reach an agreement between themselves on these issues, they can avoid a long, contentious and expensive court battle. If they can't agree the court will receive evidence from both sides and make custody and parenting time decisions that are in the best interests of the child or children.  When making decisions as to custody or parenting time the court will consider many factors including:

• Which parent has historically been the children’s primary caregiver, the length of time the child has lived in a stable, satisfactory environment, and the desirability of maintaining continuity.
• The love, affection, and other emotional ties existing between the parties involved and the child.
• The capacity and disposition of the parents to provide the child with food, clothing, medical care or other remedial care recognized and permitted under the laws of this state in place of medical care, and other material needs.
• Domestic abuse and whether one parent has abused the other. Oregon law now assumes that it is not best for the child to be in the custody of a parent who has abused the other parent.
• Whether one parent is more likely to help the other parent keep a close relationship with the children. The judge won’t consider this if one parent shows that the other parent has been abusive and that a continuing relationship with the children would be dangerous for either the parent or the children;
• The physical and mental health of the parents.
• The child's age, sex, and health.
• The preference of the child, if the court considers the child to be old enough to express a preference.

At the law firm of Barbara M. Palmer, P.C. we zealously represent mothers, fathers, grandparents and other interested parties in custody and parenting time controversies without putting children in the middle of the dispute. We are committed to providing the most effective level of service to each of our valued clients in a caring and compassionate manner. In addition to the custody and parenting time issues discussed above we also handle related issues including:

• Adoptions and stepparent adoptions
• Annulment and legal separation
• Child custody, legal custody, joint custody, and parenting time modifications
• Child support and child support modifications
• Custody and parenting time evaluations
• Grandparent custody, visitation and grandparent’s rights cases
• Interstate jurisdictional issues involving the Uniform Child Custody Jurisdiction Act (UCCJA).
• Marital settlement agreements
• Mediation and settlement agreements
• Parenting time, parenting plans, and co-parenting issues
• Premarital and prenuptial agreements
• Separation agreements

To learn more about custody and parenting time in Oregon please contact us today.