Back to Blogs

What Does the Court Look at When Determining Custody in Oregon? Part 2 of 2

July 19, 2017

This is second part of our blog post on What Courts Look at When Determining Custody in Oregon. If you missed our earlier post, here is a link to Part 1 of our Multiple Factors that play a role in the Court's Custody Decisions.As we mentioned in our previous post: In Oregon, a Court cannot order joint custody unless both

parties agree to it, so if the parties cannot agree, how does a Court determine who should have sole custody?According to law, it is the policy of the State of Oregon to assure minor children have frequent and continuing contact with parents who have shown the ability to act in the best interests of the child. ORS 107.101. So what does “best interests” mean?

Instead, the Court must consider the children’s best interests. To do that, the Court looks at several factors:

(e) The preference for the primary caregiver of the child, if the caregiver is deemed fit by the court

This is one of the most important factors the Court will consider. Several recent cases from the Court of appeals have upheld the statutory preference in favor of the primary caregiver to be awarded custody. If all other factors are equal, the Court gives this factor considerable weight.A primary parent is typically the parent who has nurtured the child and taken care of the child’s basic needs. Among other things, the Court considers which parent has been primarily responsible for feeding the child, bathing and dressing the child, taking the child to the doctor, taking the child to/from school, and assisting the child with school work. As discussed above, there is not a gender bias in favor of the mother simply because she is the mother.

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

However, the court may not consider such willingness and ability if one parent shows that the other parent has sexually assaulted or engaged in a pattern of behavior of abuse against the parent or a child and that a continuing relationship with the other parent will endanger the health or safety of either parent or the child.

Next to the primary caretaker, this factor is close to the top of the list of importance. The Court will closely examine the behavior of the parents and how they interact. If a parent takes deliberate actions to interfere with the relationship between the child and the other parent, the Court may be hesitant to award that parent custody. Examples of interference can include wrongfully withholding parenting time, not permitting the child to communicate with the other parent, or making derogatory comments to the child about the other parent.The best interests and welfare of the child in a custody matter is be determined by looking solely at one of the above factors, but must consider all the factors. The Court also cannot ignore any factor.

What about the other parent’s lifestyle?

Often, parents will try to bring up income, the lifestyle choices, or social environment of the other parent as a reason why the other parent should not be awarded custody. In reality, Oregon law provides that the Court will consider the conduct, 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 children.The Court will not want to hear a parent complaining about the other parent’s lifestyle just to malign the other parent. In fact, too much focus on the other parent’s lifestyle may cause the Court to question the complaining parent’s ability to facilitate the relationship with the other parent. While you may not agree with the other parent’s choices, unless it is something that may be harmful to the child, the Court will not consider it.

Recent Law Blog Posts

What Debts Can’t Be Discharged in Oklahoma Bankruptcy?

How Are Assets Divided in an Oklahoma Divorce

How to Handle Child Custody Modifications in Oklahoma

What Are Your Bankruptcy Options in Oklahoma?

How to Pay for a Bankruptcy Attorney

Law Blog Topics

Bankruptcy

Bankruptcy relief

Child support

Court room

Divorce

Family law

Mediation

Other

QDROs

Uncategorized

Contact Chris Eggert

Contact Form

Areas of Practice

Bankruptcy

Mediation

Father’s Rights

Child Support

Recent Law Blogs

What Debts Can’t Be Discharged in Oklahoma Bankruptcy?

November 21, 2025

How Are Assets Divided in an Oklahoma Divorce

May 1, 2025

How to Handle Child Custody Modifications in Oklahoma

March 14, 2025

view All related blogs

Get in Touch

Please take a moment to fill out and submit the contact form below. To schedule a constultation - use the scheduling link below.

(539) 252-9364

cjeggert@eggertlaw.us

Please Note: By providing a telephone number and submitting this form you are consenting to be contacted by SMS text message. Message and Data Rates may apply. You can STOP messaging by sending STOP and get more help by sending HELP. Our Privacy Policy can be found here. Submitting this contact form does not create an attorney-client relationship, preserve any confidentiality, provide any guarantees, or obligate Eggert Law Firm to take any action on your behalf.

Schedule Consultation

Thank you! Your submission has been received!

Oops! Something went wrong while submitting the form.