Many a wonderful romance has begun in the Beaver State. Unfortunately, not every Oregon fairytale can have a happy ending. If your relationship is coming to an end and you and your ex have children, you may have to figure out who will get custody and the state laws might determine that. This is a brief overview of child custody laws in Oregon.
Child Custody Laws
State custody laws can vary depending on where you live. But the majority of states have adopted the Uniform Child Custody Act, making each state’s custody statutes generally similar. Oregon law allows for joint custody for separated parents, and grandparents have state-recognized visitation rights. Oregon, however, does not generally consider the wishes of the child in custody matters.
Child Custody Statutes in Oregon
The details of Oregon’s child custody statutes are listed in the chart below.
| Code Section | Oregon Revised Statutes 109.701, et seq.: Uniform Child Custody Jurisdiction and Enforcement Act |
| Year Uniform Child Custody Act Adopted | 1973 |
| Joint Custody an Option? | Yes, §§107.105(a), 169 |
| Grandparent Visitation Rights Recognized? | Yes, §109.119 |
| Child's Own Wishes Considered? | No |
Oregon Custody Hearings
In some cases, parents are able to agree on a custody arrangement on their own, and a court will normally accept an agreement if it is in the best interests of the child. If parents cannot agree, they may have to attend a custody hearing in court to determine any contested custody issues. As with pre-negotiated custody agreements, the main concern in creating a custody arrangement will be the child’s best interests.
Oregon family courts can consider any factor that might be relevant to a child’s best interests, with more influence placed on those factors that can affect the child’s safety and wellbeing. While many of these best-interest factors focus on the child, like his or her relationship with any siblings and the need for consistency and continuity in his or her life, other factors may focus on the parents, like which parent is more likely to take care of the daily physical, emotional, developmental, educational and special needs of the child.
Oregon Family Laws Related Resources:
Figuring out child custody matters as a relationship is ending can be emotionally difficult and legally complicated. You can find more information and resources in FindLaw's section on Child Custody. You can also contact an Oregon family law attorney if you would like legal advice regarding a child custody matter.
