Anyone going through a divorce in Oregon who has children most likely has questions about who will be awarded custody and how this is determined. Depending on the situation, either one parent may be awarded sole custody, making all major decisions about the child, or both parents will be granted joint custody and decision-making power.
The Oklahoma Bar Association states that both parents must agree to joint custody in order for the court to grant it. If the parents do not agree about who should have custody, the court will consider what situation will be in the child’s best interests and make a decision.
How the court determines custodial rights
The court does not just look at the fitness of either parent to raise the child. One thing that is factored in is each parent’s willingness to allow the other parent to maintain a relationship with the child.
If there has been any evidence of domestic abuse, it can affect the court’s decision. Parents must also show a clear interest in the child’s well-being, and be interested in the child’s life. The whole family also matters, as the court will examine if other family members have emotional ties with the child.
Even if the court does grant sole custody to one parent, the Oregon Judicial Branch states it will typically be allowed for both parents to provide care for the child in intervals. The court will decide on how this time is broken up if parents are not able to work out their own plan. Ultimately, as long as neither parent appears to be a risk to the child’s safety or wellness, it is typical that both parents will still be able to participate in the child’s life to some degree.