Custody is the decision-making authority, and this authority is separate and distinct from parenting time. Parties may agree to share joint custody and continue making decisions together for their child, but the court cannot order joint custody. Joint custody is only appropriate when parents have the ability to communicate and put the children’s interests first, and it is generally not appropriate if there is any significant degree of hostility between the parties which hinders their ability to communicate effectively or cooperate with one another.
Generally, the sole custodial parent will make decisions regarding which school the child will attend, which doctor the child will see and when, whether the child needs counseling, vision, dental or orthodontic care. Some parents additionally prefer to establish which parent will handle haircuts, piercings, and tattoos, or whether both parents will need to agree to any permanent changes to the child’s appearance. Some parents may also include specific provisions regarding religious decisions, which school district the child will go to, advanced notice for events and appointments for the child, etc. Parties may make their parenting agreement as detailed as they would like, and any agreement parties reach with limited exceptions is enforceable.
In determining an award of custody, the court will give primary consideration to the best interests and welfare of the child. In determining the best interests and welfare of the child, the court will consider the following relevant factors, at minimum, generally giving special weight and attention to factors (e) and (f):
(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 (which raises a rebuttable presumption against an award of custody to the abuser);
(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. 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.
Regardless of a custody award, under Oregon law each parent must give the other parent advanced written notice of their intent to move 60 miles or more further distant from the other parent, and this requirement is generally incorporated into the judgment. Additionally, absent limited circumstances, each parent will have the continuing right to attend parent/teacher conferences, talk to and meet with teachers, doctors, counselors and anyone who educates or cares for their child, and obtain all paperwork related to their child such as report cards and medical records.
For more information, contact us at 503-585-0157 or sbaldwin@oneillbaldwin.com. We offer *FREE one-half hour consultations, and would be happy to discuss your case and answer your initial questions.
NOTICE: The above summary is meant for informational purposes and is not intended to be legal advice. It is meant merely as a broad overview of the rules applicable to the majority of cases, and does not diminish the need to consult with a professional regarding your specific circumstances.