Legal custody provides a parent or parents with the ability to make decisions regarding the child's upbringing. This includes decisions regarding medical care and education. Oregon judges are in favor of granting legal custody to both parents. However, it may not be in the best interests of the child to award legal custody to both parents.
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For example, if one parent has a history of abuse, the court will likely award legal custody to one parent. Physical custody refers to which parent the child lives with. The parent who has physical custody of the child is referred to as the custodial parent. The other parent is the non-custodial parent.
The court can order the non-custodial parent to pay the custodial parent child support. Child support is money that is intended to help finance the raising of the child. Child support is calculated according to the Oregon child support guidelines.
8 Things to Know About Oregon Custody Laws
If you have questions about how much you may owe in child support, you should contact a Oregon custody attorney. You can also use the Oregon child support calculator. The court may award the non-custodial parent visitation rights , or parenting time. This means the non-custodial parent can spend quality time with his child during certain designated times.
Visitation may be supervised depending on the court's order. The non-custodial parent's visitation rights will depend on what the court deems is in the best interests of the child. Generally, Oregon courts favor granting some level of visitation rights to the non-custodial parent. However, this may not be the case if the parent has a history of committing domestic abuse.
Under Oregon custody law, if mediation is unsuccessful, a judge will have to make a custody determination. Whether you are disputing child custody in Portland, Eugene, Salem or another area of Oregon, the custody court will use the same factors.
What is a divorce?
The main factor the court considers is what is in the best interests of the child. Aside from this, a judge may also take into account:. Site Map. MENU attorneys. Legal Professional?
Willamette Law Online - Oregon Court of Appeals Updates
This website is not a substitute for a lawyer and a lawyer should always be consulted in regards to any legal matters. Divorce Source, Inc.
Oregon Divorce Laws Residency and Filing Requirements: In order to file for a dissolution of marriage in Oregon, residency requirements must be met for the court to accept the case. If the court discovers it does not have jurisdictional rights to hear the case it will not be accepted or it will eventually be dismissed. The requirements are as follows: The parties may file for a dissolution of marriage in Oregon if: The marriage took place in the state and either party is a resident of or domiciled in the state or at least one party must be a resident of or be domiciled in this state at the time the suit is commenced and continuously for a period of six months prior thereto.
A petition for marital annulment, dissolution or separation may be filed only in a county in which the petitioner or respondent resides. Oregon Statutes - Volume 2 - Sections: Start Your Oregon Divorce Online - we deliver you options.
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