Child custody issues can be tough to navigate during a separation or divorce. Parents must agree on custody arrangements, including legal custody and parenting time. Here are answers to some frequently asked questions about child custody in Oregon.
1. What is the difference between legal custody and parenting time?
In Oregon, legal custody gives parents the right to make major decisions about a child’s life, such as education, healthcare, and religion. Parenting time, also called timesharing or physical custody, deals with how parents split time.
Parents can share legal custody. While parenting time can be divided in a way that serves the child’s best interests. For more legal insight on this matter consider reaching out to an Oregon family law attorney.
2. Can parents share custody in Oregon?
Yes, Oregon allows for joint custody. This means both parents can have equal say in making decisions about the child’s upbringing. Joint custody is the preferred arrangement when parents can cooperate. If one parent is unfit, however, a court may award sole custody to the other.
3. Do grandparents have visitation rights in Oregon?
Yes, Oregon law recognizes grandparents’ visitation rights. If the child’s parents divorce or separate, grandparents can petition the court for visitation rights. The court will consider the child’s best interests when deciding whether to grant these rights.
4. Does Oregon consider a child’s wishes in custody decisions?
Unlike some states, Oregon does not consider a child’s wishes in custody matters. The court focuses on factors that affect the child’s safety, well-being, and long-term stability. While the child’s needs are important, the court does not typically take their personal preferences into account.
5. What happens if parents cannot agree on custody?
If parents cannot agree on custody, the court will step in. Oregon family courts look at numerous factors, prioritizing the child’s safety and well-being. The court may hold a custody hearing to determine the best arrangement. Factors such as the parents’ ability to meet the child’s needs and maintain stability will play a significant role.
Child custody laws in Oregon aim to protect the child’s best interests. While it is often helpful for parents to come to an agreement on their own, the courts are there to make a decision if needed.
