Oregon Child Custody Factors

In Oregon, when making a child custody and visitation award, the court will examine the following factors:

(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 caregiver of the child, if the caregiver is deemed fit by the court; and

(6) The willingness and ability of each parent to facilitate and encourage a close and continuing relationship between the other parent and the child.

A parenting plan or parenting agreement shall detail how parental responsibilities and parenting time will be shared and may allow the parents to develop a more detailed agreement on an informal basis. However, a general parenting plan must set forth the minimum amount of parenting time and access a noncustodial parent is entitled to have. (Oregon Statutes - Volume 2 - Sections: 107.105, 107.137, 107.169)

In Oregon, as with all other states, the court will always be looking out for the best interests of the children. What you want or your spouse wants is not really relevant until the court says it is. Many parents go to custody hearings not realizing that they must portray themselves as the best custodial parent rather pleading to the court that they simply deserve the children. The court would much prefer the parents to decide who should have custody, but if they canít, the court will do it for them. You can also read more about Oregon child custody in the Oregon state statutes located at: