Custody is decision making power over school, healthcare, and religious issues.
There are two types of custody:
1. Sole custody is where one parent makes the decisions regarding school, healthcare, and religious issues.
2. Joint custody is an arrangement where both parents make the decisions regarding school, healthcare, and religious issues. Both parents must agree to Joint custody. The court can not order joint custody. If the parents are unable to reach a joint custody arrangement, the court must decide which parent will have sole custody.
In determining which parent should be awarded sole custody, the court’s primary consideration is the best interests and welfare of the child.
In determining the best interests of the child, the court considers the factors from Oregon Revised Statute 107.137
(a) the emotional ties between the child and other family members;
(b) the interest of the parties in and attitude toward 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 of the child, if the caregiver is deemed fit by the court; and
(f) the willingness and ability of each parent to facilitate and encourage a close and continuing relationship between the other parent and the child. It is important for you to have an experienced custody attorney that can effectively apply the factors of custody to your case and if necessary, advocate your position for sole custody.
At Davis and Pedrojetti, we understand the importance of custody to a parent. We have
extensive experience in handling custody cases. Davis and Pedrojetti will provide you
effective representation to give you the best chance to reach your desired custody
arrangement.
Contact our office today to schedule a consultation.
