Custody

There are two types of Custody: Sole custody and Joint custody.  The parent with sole legal custody will have the power to make all decisions regarding education, health and religion for the child or children.  Joint custody requires the agreement of both parties to continue to work together to make decisions regarding their child or children.  A trial court cannot grant joint custody.

In determining which parent will have custody, the court looks to the factors set forth in ORS 107.137: Factors considered in determining custody of child. (1) In determining custody of a minor child under ORS 107.105 or 107.135, the court shall give primary consideration to the best interests and welfare of the child. In determining the best interests and welfare of the child, the court shall consider the following relevant factors:

(a) The emotional ties between the child and other family members;

(b) The interest of the parties in and attitude toward the child;

(c) The desirability of continuing an existing relationship;

(d) The abuse of one parent by the other;

(e) The preference for the primary caregiver of the child, if the caregiver is deemed fit by the court; and

(f) 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 a child and that a continuing relationship with the other parent will endanger the health or safety of either parent or the child.

If you have a case involving custody, contact the law office of James J. Pedrojetti P.C.



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