Child Custody and Parenting Plans in Oregon
Child Custody and Parenting Plans
Types of Child Custody in Oregon
When a judge decides what type of custody to award or if the parties agree to a type of custody, an order is entered with the court, outlining custody and parenting time. Some common types of custody include:
- Sole legal custody —In this arrangement, one parent gets legal custody of the child, while the other is awarded parenting time, also called child visitation. Legal custody means that one parent makes all major decisions for the child and usually has primary physical custody of the child. It is the most common type of child custody in Oregon.
- Joint custody —Both parents make major decisions for the child, but the child does not necessarily live with each parent exactly 50% of the time. Both parents must agree to joint custody for it to be ordered, and child support may be ordered, depending on the circumstances and parenting time involved. If both parties do not agree to joint custody, a judge will need to decide which parent is awarded sole custody.
- Temporary custody —Temporary custody may be ordered by the court either during or after a divorce or custody proceeding. If a parent is awarded temporary custody, that parent has custody while the matter is pending until a final hearing and/or a final judgment is entered. This usually occurs when a child is in immediate danger and needs to be moved to a different custodian.
Custody for unmarried couples generally works the same way as it does for married or divorced couples. However, a father must prove paternity before he is afforded the rights of a parent. Once paternity is established, the father has parental and visitation rights and may also have child support obligations.
The custody process is often complicated and emotionally taxing. You need a strong ally by your side to ensure that your concerns are heard and taken seriously. Whether you are seeking parenting time or modification or enforcement of a custody or child support order, we can help. We know how important your children are to you, and your case is just as important to us. Our caring team works tirelessly to help you achieve the best possible outcome.
How Courts Determine Custody and Parenting Time in Oregon
The court weighs many factors when deciding how to award custody. The best interests of the child take priority over any other issues involved. Common factors the court may consider include:
- Which parent is the primary caregiver
- Emotional ties of the child to each parent or other family members
- Each parent’s interest and attitudes toward the child
- Which parent is most likely to foster a good relationship with the other parent
- Home environment
- The child’s age
- The child’s wishes, if they are mature enough to express them
- Any history of abuse or domestic violence
- Criminal records of the parents
The court weighs these factors to determine which parent is awarded custody. However, in rare occasions, custody may be awarded to someone who is not the birth parent if both parents are unable to care for the child. Typically, it is usually a grandparent or another family member.
Our knowledgeable child custody lawyers listen to your side of the story and help you understand your options. We know how to gather and present convincing evidence and arguments that support your reasoning for what is in the best interests of your children. Our family law attorneys know you want what is best for your child. We help you understand the law in straightforward terms and stand by your side every step of the way to help accomplish your goals.
What is in a Parenting Plan?
A well-structured, detailed parenting plan can reduce conflict and provide stability for children. Ideally, parents will engage in mediation and work together to develop a parenting plan they can both agree with. Your child custody attorney can help you create a parenting plan to present to the court if the parents cannot agree. The court will adopt a parenting plan based on the child’s best interests. Some important elements of a parenting plan include:
Custody and Parenting Time
- How you will make major decisions regarding education, religion, health care and other important matters, and whether decisions require joint agreement or one parent has the final say
- Where the child will live most of the time
- Parenting time and visitation schedules for weekdays, weekends, and overnights
- Holiday schedules that include how events like birthdays, Christmas, and other holidays will be split
- Vacation, summer break, and travel plans
- Logistics such as where and when the child will be exchanged and who is responsible for transportation
Communication and Dispute Resolution
- How parents will communicate about the child, such as through phone calls, texts, or emails
- How the child will communicate with the non-custodial parent (calls, video chats, etc.)
- Steps to handle disagreements before court involvement
- How changes to the plan will be made in the future
Modification and Relocation
- Steps to modify the plan if circumstances change
- How notice will be given if a parent wants to move
In cases involving concerns about substance abuse, domestic violence, or child neglect, a parenting plan may be more safety-focused and require measures like supervised visitation.
Why Choose Our Salem Child Custody Attorneys?
When dealing with child custody matters, it’s vital to have an experienced attorney who’s well-versed in Oregon family law. We provide legal guidance and representation tailored to your specific needs and circumstances. Our family law attorneys are well-respected in the Oregon legal community and are familiar with local courts, judges, clerks, and other professionals involved in the process. We have experience handling complex cases, including interstate custody, domestic violence, and relative or step-parent adoption.
Above all, we prioritize solutions that promote the stability and well-being of your children and support their unique needs. We provide tenacious legal representation grounded in the principles of respect and compassion. Our family law attorneys know that child custody cases can be emotionally charged, and approach each case with care and understanding. We work hard to resolve matters through negotiation or mediation, however, we are strong advocates who fight for your rights in the courtroom if necessary.
Our team also handles cases involving personal injury and estate planning and probate cases. Our divorce and family and estate planning and probate lawyers serve clients in Marion, Polk, and Linn counties and surrounding communities. Our Spanish-speaking clients can count on us to provide top-notch legal representation you can trust.
Contact Our Child Custody Lawyers in Salem, OR
If you need help with child custody and parenting plans in Oregon, our experienced, compassionate team at Johnson and Taylor are here for you. To schedule a consultation with a child custody lawyer in Salem, OR contact us or call 503-990-6641 today.