When parents are facing a divorce or separation, one of the most important questions they ask is: How does an Oregon court decide who gets custody of the children? Many parents worry that custody decisions will be based on who earns more money has the larger home, or can hire the better attorney. Fortunately, Oregon law focuses on a different question: What is in the best interest of the child?
Understanding the factors Oregon courts consider can help parents make informed decisions and avoid common mistakes that may negatively affect their custody case. If you are involved in a child custody dispute, knowing what judges look for can make a significant difference.
The Best Interest of the Child Standard
In Oregon, the legal standard for determining child custody is what is in the best interest of the child. Courts are not concerned with rewarding one parent or punishing another. Instead, the goal is to create a custody arrangement that best supports the child’s emotional, physical, and developmental needs. The factors courts must consider are outlined in ORS 107.137, which provides guidance on how judges evaluate custody cases.
The Factors Oregon Courts Consider
Under ORS 107.137, Oregon courts consider the following factors when determining
what custody arrangement is in the child’s best interest:
- The Emotional Ties Between the Child and Family Members
Courts examine the emotional bond between the child and each parent, as well as the child’s relationships with siblings, grandparents, and other important family members. Strong, healthy relationships can weigh heavily in a custody determination. - The Interest of the Parties In and Attitude Toward the Child
Judges want to see that parents are genuinely invested in their child’s well-being. A parent’s involvement in school, healthcare, extracurricular activities, and daily parenting responsibilities may be considered when evaluating this factor. - The Desirability of Continuing an Existing Relationship
Stability is often important for children. Courts generally prefer arrangements that allow children to maintain positive, established relationships and routines whenever possible. - The Abuse of One Parent by the Other
Evidence of abuse between parents is a significant consideration. Oregon courts recognize that domestic abuse can negatively impact both the abused parent and the child, and judges take these concerns seriously when making custody decisions.
- The Preference for the Child’s Primary Caregiver
One of the most important factors in many Oregon custody cases is the court’s preference for the child’s primary caregiver, provided that parent is fit. The primary caregiver is typically the parent who has been most involved in the child’s day-to-day life. This often includes:
Taking the child to and from school
Scheduling and attending medical and dental appointments
Taking the child to extracurricular activities
Communicating with teachers and childcare providers
Helping with homework
Managing the child’s daily routines and needs
Because courts value stability and continuity, they often favor maintaining the child’s relationship with the parent who has historically handled the majority of parenting responsibilities. When parents ask, “Who usually gets custody in Oregon?” the answer often depends heavily on which parent has served as the primary caregiver.
The Importance of Supporting the Other Parent-Child Relationship
The second most important factor in many Oregon custody cases is each parent’s willingness and ability to facilitate and encourage a close and continuing relationship between the child and the other parent.
Oregon courts generally believe that children benefit from having meaningful relationships with both parents whenever it is safe to do so. As a result, judges often look favorably upon parents who encourage communication, cooperate with parenting schedules, and support the child’s relationship with the other parent.
This factor can become particularly important when one parent is actively taking steps to interfere with the child’s relationship with a parent who is fit and does not pose a danger to the child. Examples may include:
- Unreasonably withholding parenting time
- Refusing to share information about the child
- Speaking negatively about the other parent to the child
- Attempting to alienate the child from the other parent
- Creating unnecessary obstacles to communication
A parent who demonstrates a willingness to foster a healthy co-parenting relationship may be viewed more favorably by the court than a parent who attempts to undermine the child’s relationship with the other parent.
However, Oregon law recognizes an important exception. The court may not consider a parent’s willingness to facilitate a relationship if the other parent has sexually assaulted or engaged in a pattern of abusive behavior toward the parent or child, and continued contact would endanger the health or safety of either the parent or the child.
What Parents Can Do During a Custody Case
Parents involved in an Oregon child custody case should focus on actions that demonstrate their commitment to their child’s well-being. Some practical steps include:
Staying actively involved in the child’s daily life
Attending school conferences and medical appointments
Maintaining a stable and supportive home environment
Following parenting schedules and court orders
Encouraging healthy communication with the other parent when appropriate
Keeping the child’s needs above parental conflict
Judges often place more weight on a parent’s actions than on their words.
Conclusion
When determining child custody in Oregon, courts focus on one overriding principle: the best interest of the child. Under ORS 107.137, judges evaluate several factors, including emotional bonds, parental involvement, domestic abuse concerns, the desirability of maintaining existing relationships, the identity of the child’s primary
caregiver, and each parent’s willingness to support the child’s relationship with the other parent. In many cases, the parent who has served as the primary caregiver receives a significant advantage. Likewise, a parent’s ability to encourage a close and continuing relationship between the child and the other parent can play a critical role in the outcome of a custody dispute.
