Unmarried parents have the same rights and responsibilities regarding custody and support of their children that married or divorced parents have.
This packet is not appropriate for use by anyone other than the parents of the children. A respondent is the person who answers the other parent's Petition to establish custody and parenting time under the statute for unmarried parents ORS If you were served with such a petition and if you do not agree with ALL requests in the petition, you need to decide whether to file a "response.
If you agree with everything in the petition, you may not have to file a response. Keep in mind that this court proceeding will determine who has sole or joint custody of, and to establish parenting time with, the child[ren]. Only share sensitive information on official, secure websites. Generally, the courts will allow a custodial parent to relocate, even over the objections of the non-custodial parent as long as the move is in the best interests of the child or children.
However, is some instances, the court may not allow the custodial parent to relocate or may change custody to the non-custodial parent. The Oregon courts have ruled that a move out-of-state by a custodial parent, in and of itself, is not enough to allow a transfer in custody to the non-custodial parent.
If the relocation is allowed, the non-custodial parent has the right to modify his or her visitation schedule to make visitation more feasible probably fewer but longer visits. If you are facing divorce where child custody is an issue, you should have legal representation with an experienced Oregon divorce attorney. Decision making on behalf of children and your relationship with them is easily the most important issue in any dissolution of marriage case.
Sole Custody vs. Joint Custody in Oregon There are two types of legal custody in Oregon: sole custody and joint custody. Determining Child Custody in Oregon In determining the custody of a minor child in Oregon , the court will give primary consideration to the best interests and welfare of the child , including: 1 The emotional ties between the child and other family members 2 The interest of the parties in and attitude toward the child 3 The desirability of continuing an existing relationship 4 The abuse of one parent by the other 5 The preference of the primary caregiver of the child, if the caregiver is deemed fit by the court 6 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 child and that a continuing relationship with the other parent will endanger the health or safety of either parent or the child 7 No preference in custody shall be given to the mother over the father for the sole reason that she is the mother, nor shall any preference be given to the father over the mother for the sole reason that he is the father.
Custody Evaluations in Oregon If the spouses cannot agree on custody or visitation, they may agree or the court may order that the spouses undergo a custody evaluation. Parenting Plan It is the policy of state of Oregon to assure minor children of frequent and continuing contact with parents who have shown the ability to act in the best interests of the child and to encourage the parents to share in the rights and responsibilities of raising their children after the parents have separated or dissolved their marriage.
A typical parenting plan includes provisions for: 1 Residential schedule 2 Holiday, birthday and vacation planning 3 Weekends, including holidays, and school in-service days preceding or following weekends 4 Decision-making and responsibility 5 Information sharing and access 6 Relocation of parents 7 Telephone access 8 Transportation 9 Methods for resolving disputes.
Parenting Time and Visitation Visitation is referred to as parenting time in Oregon. Parenting time is designed to benefit the children. All orders about custody must include parenting plans. Parenting plans may be detailed or general, but usually must identify a minimum amount of parenting time for the parent who does not have custody.
Sometimes a case for paternity can also include decisions about custody and parenting time. You may need a lawyer to help you do this. The court looks at several factors in deciding who should have custody.
If it is appropriate to change the parenting plan or custody arrangement, you may ask the court for an order to Show Cause to Modify the Custody, Parenting Time, or Support Issues.
You may want to get advice from a lawyer to decide if this is the right step for you. One parent may not change the terms of the judgment without the agreement of the other parent or an order by the court. Your browser is out-of-date! It has known security flaws and may not display all features of this and other websites. Learn how.
Skip to main content. Translate this page. 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. If parents are married, custody and parenting time is decided as part of a divorce or legal separation. See Divorce, Separation, Annulment. Case Basics A custody and parenting time case is started when one parent files a petition for custody and parenting time. Where should I file? How are the parties notified? How much time does the respondent get to file papers? What is the cost?
Each court may have additional timelines for mediation , parenting classes , and other requirements. You should check local court rules for these requirements. What is Joint Custody? A judge cannot award joint custody in Oregon unless both parents agree to it. What is Sole Custody? Factors a Judge Will Consider. To decide the best interest of a child, the court will look at these factors: The emotional ties between the child and other family members.
The interest of the parents 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. The willingness and ability of each parent to facilitate and encourage a close and continuing relationship between the other parent and the child.
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