• What types of custody arrangements are possible? Category: Custody FAQs

    The court will award custody to the mother or father. Only if both parents agree will the court order joint custody. Joint parenting time 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 as well as other rights, including access to the child’s medical and educational records.

  • What if my spouse and I can't agree on the custody of our children? Category: Custody FAQs

    If the parents are unable to agree to joint custody and on which parent should have sole custody, 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. This process may involve mediation or a custody and parenting time evaluation.


  • If I have sole legal custody can I move out of state with my children? Category: Custody FAQs

    In Oregon, the Court may include a provision in the custody/parenting time order requiring that neither parent 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. The fact that one parent has sole custody does not give that parent an automatic right to move the child out of state. 

    In Washington, the primary parent may give notice of his/her intention to relocate, and unless the non-moving parent can show the move would be of serious detriment to the child, the move will be permitted. In other words, in Washington the presumption is that the primary parent’s decision to relocate will be in the best interests of child, and so relocations are often granted over the non-moving parents objections. 

  • Who will get custody of the children? Category: Custody FAQs

    In a dissolution of marriage proceeding involving children, the main concern of a judge is the best interests and welfare of the children. The property rights and the welfare of adults involved are secondary. Oregon law does not discriminate between mothers and fathers when determining custody.