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Frequently Asked Children Issue Questions
General Questions about Children Issues
Questions about Custody |
| Q: |
Who will get custody of the children? |
| A: |
In a dissolution of marriage proceeding involving children, the main concern of a judge is the best interest and welfare of the children. The property rights and the welfare of adults involved are secondary. The following factors, among others, influence the judge's decision on custody (ORS §107.137):
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 for the primary care giver of the child, if the care giver 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.
Oregon law does not discriminate between mothers and fathers when determining custody. |
| Q: |
What type of custody arrangements are possible? |
| A: |
The court will award custody to the mother or father. Only if both parents agree can the court order joint custody. Joint custody does not necessarily mean a 50/50 split of time with the children. Both parents will cooperate in making decisions regarding the children's residence, religion, schooling, medical/dental care, etc.
A parent who does not have "physical" custody of a child is entitled to reasonable parenting time (visitation) with the child and rights. These rights allow the following authority (ORS §107.154):
1. To inspect and receive school records and to consult with school staff concerning the child's welfare and education.
2. To inspect and receive governmental agency and law enforcement records concerning the child to the same extent as the custodial parent.
3. To consult with any person who may provide care or treatment for the child and to inspect and receive the child's medical, dental and psychological records to the same extent as the custodial parent.
4. To authorize emergency medical, dental, psychological, psychiatric or other health care for the child if the custodial parent is, for practical purposes, unavailable.
5. To apply to be the child's conservator, guardian ad litem or both. |
| Q: |
What if my spouse and I can't agree about custody of our children? |
| A: |
If the parents are unable to come to an agreement regarding custody to one or the other parent and parenting time to the other, the Court will make a custody award as part of the divorce. The Court's decision will be based upon the "best interests" of the child (see above). This process may involve mediation or a custody and parenting time evaluation. A custody or parenting time study is an evaluation of the parents by a trained counselor or psychologist who will make his or her recommendation about custody available to the judge. |
| Q: |
If I have legal custody, can I move out of Oregon with my children? |
| A: |
The Court may include a provision in the custody/parenting time order requiring that neither parent may move more than sixty miles without giving reasonable notice to the other parent and to the Court. However, the court or your spouse may agree that you can move. |
| Q: |
Who receives parenting time? |
| A: |
The parent who does not have physical custody will have scheduled parenting time with the children except in unusual situations. |
| Q: |
How much parenting time does the parent without custody receive? |
| A: |
Each case is unique and the amount of parenting time ordered depends on facts such as the age of the children, time and scheduling requirements (based on the school year, for example) and the distance between the parents' households.
Parenting time can be divided in a variety of different ways; A parenting plan may provide for visitation on specified days, weekends, holidays, summer and winter vacations, or another arrangement appropriate under the circumstances.
Parenting time may be limited in cases involving restraining orders. Most counties in Oregon have proposed visitation schedules which they regularly follow these may be obtained through you at or the court house. |
| Q: |
Do I have to make my children go on visits if they don't want to go? |
| A: |
Yes, the children need to go on visits that a Court has ordered, even if they don't want to go. You should try to find out why the children do not want to visit the other parent and work out any problems together or through counseling. Only in rare cases does the Court limit time spent with the other parent. |
| Q: |
Can I stop allowing parenting time if the other parent is not paying child support? |
| A: |
No. You must give the other parent the parenting time ordered even if child support is not being paid. |
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| Questions about Child Support |
| Q: |
What is child support? |
| A: |
Child support refers to the out-of-pocket expenses associated with raising a child. These usually include the cost of food, housing, clothing, medical and dental care, and insurance. |
| Q: |
How is the amount of child support decided? |
| A: |
The State of Oregon uses a formula (often referred to as "child support guidelines") to determine the amount of child support awarded in each case. The guidelines take into account many factors, such as the income of each parent, other children the parents have to support, and work-related day care costs for the children. |
| Q: |
If my spouse and I are separated, can I get child support? |
| A: |
Yes. Child support may be requested and awarded as part of a Judgment of Legal Separation. |
| Q: |
Who will be required to pay child support? |
| A: |
Both parents have a legal duty to support the children. The Court can require one or both parents to contribute to the support of the children. Using the guidelines established by the State of Oregon, the formula will consider the available resources, primarily incomes, of both parents. |
| Q: |
Can I stop paying child support if the other parent won't let me visit my child? |
| A: |
No. You can go to Court and ask to end the child support order until you receive your parenting time, but you cannot end payments without the Court's permission. The Court does not like to stop child support payments and it will allow support to be stopped only if there is proof that you have had very serious problems obtaining your parenting time. |
| Q: |
Can the child support order include insurance coverage? |
| A: |
A parent may be ordered to pay for the children's health insurance if it is available through work, a union, or a group. The cost of the insurance coverage may increase or decrease the child support payment, depending on which parent is providing the insurance. |
| Q: |
Who must pay for the children's health care costs that are not covered by insurance? |
| A: |
The parent with custody must pay the "out-of-pocket" costs unless the child support order states these costs are to be shared or paid by the other parent. The child support guidelines anticipate that the custodial parent will pay the first $250.00 of unreimbursed medical expenses. |
| Q: |
How long does child support have to be paid? |
| A: |
In Oregon, a parent usually must pay child support until the child is eighteen years old. If the child is going to school or job training at least half time and maintains at least a 'C' average, the child support can continue to age 21. If the child is physically or mentally handicapped, child support may be extended indefinitely. Child support can end prior to age 18 if the child gets married, joins the military, or becomes legally emancipated. |
| Q: |
How are taxes affected by child support obligations? |
| A: |
Child support payments are not treated as income to the party receiving them, nor are they treated as an income deduction to the party making them. |
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