Know the Laws: Oregon
UPDATED March 31, 2009
Below are some facts about custody laws in Oregon and links to other sites for additional information.
- What factors are considered by a judge when deciding custody?
- Can a parent who has committed violence get custody or visitation?
- Where can I get additional information?
back to topWhat factors are considered by a judge when deciding custody?
The judge will always evaluate the best interests of the minor child when making a custody determination. In Oregon, "best interests" is based on the following factors:
a) The emotional ties between the child and other family members
b) The interest and attitude a party seeking custody has towards 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 (if the court determines s/he is fit)
f) The willingness of each parent to support a continuing relationship with the other parent and the child (unless it is shown that one parent abused or sexually assaulted the other parent or child and that a continuing relationship would endanger the health or safety of the parent or child).*
All of these factors and any other factors the judge decides are relevant will be evaluated when determining custody. If one parent has committed abuse, the judge must assume that it is not in the best interests of the child to award sole or joint custody to the abusive parent. However, the abusive parent can try to present evidence to change the judge’s mind.
Additionally, the court may consider conduct (behavior), marital status, income, social environment, or lifestyle of either party ONLY if it is shown that any of these factors are causing or may cause emotional or physical damage to the child. No preference, in general, is given to either the mother or the father.**
* ORS § 107.137(1)
** ORS § 107.137(2) – (4)
back to topCan a parent who has committed violence get custody or visitation?
Possibly. If one parent has committed violence, the court will assume that it is not in the best interest of the child to grant that parent joint or sole custody.* However, the abusive parent can present evidence to the judge to try to change the judge’s mind. The court will evaluate many factors when determining custody, and acts of violence may not be the deciding factor.**
* ORS § 107.137(2)
** ORS § 107.137(1)(d); Matter of Marriage of Holcomb, 888 P.2d 1046 (1995), review denied 893 P.2d 540; In re Marriage of Ringler, 188 P.3d 461 (2008)
back to topWhere can I get additional information?
WomensLaw.org has general, legal information about custody in our General Custody Information page. WomensLaw.org is in the process of adding more information about custody laws in Oregon. For now, we have provided links to information we hope you find helpful. (WomensLaw.org has no relationship with these organizations and does not endorse their services. We provide these links for your information only.)
General Information about Custody and Visitation in Oregon
- Frequently Asked Questions
- Child Custody in Oregon
- Parenting Time/Visitation in Oregon
- Parenting Time in your Family Abuse Prevention Act Restraining Order
- Family Law in Oregon
- Taking Children
How will the judge make a decision about custody?
Definitions