Ellensburg, WA asked in Family Law, Child Custody and Child Support for Oregon

Q: In OR state what does a father need to prove/document to receive full custody in a split from child's mother (unmarrie

Ex-girlfriend (mother of 2 kids) has repeatedly kicked out father and tried to ruin his reputation. She has called police and attempting to falsely get him arrested (police have not sided with her). Additionally she has kicked him out several times and is emotionally abusive to him, using the children as leverage. He provides for the children and her; currently paying all mortgages etc. He makes sure to see children every night and morning and keep as stable a home as possible for the girls. Ex has now taken them to another town and he is unable to locate them. What can he do to make sure he is allowed to see his children 50/50 or even get full custody? We are worried her erratic behavior will cause him to lose his job and make this tough situation worse. Any advice to get him on the best path for his children's well being is appreciated. Thank you.

1 Lawyer Answer
Vincent J. Bernabei
Vincent J. Bernabei
  • Divorce Lawyer
  • Beaverton, OR
  • Licensed in Oregon

A: Oregon custody laws encourage parents to share in the rights and responsibilities of raising their children so long as it is in the best interests of the children. There is a distinct difference between a custody determination and parenting time. Custody decisions are about who will have decision-making authority for a minor child or children. Parenting time is the schedule that determines when the child will be in the care of each parent.

The court’s primary consideration in awarding custody and parenting time is “the best interests and welfare of the child.” In making a decision on custody and parenting time, the court will consider all of the following factors:

The emotional ties between the child and other family members;

The interest of the parents in and attitude toward the child;

The desirability of continuing an existing relationship;

The abuse of one parent by the other;

The preference for the primary caregiver of the child, if the caregiver is deemed fit by the court. (Primary caregiver is the parent who attends to the child’s basic needs on a daily basis, and who is more closely bonded to the child);

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

You should contact an attorney to determine how these factors apply to your case.

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