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Work with Our Child Custody Attorney in Oregon

Custody in Oregon generally means a person’s ability to make major legal decisions effecting a child and is often referred to as “legal custody.” “Legal custody” is often confused with “physical custody” which simply means that a child is living primarily with a particular party. When a party is given “legal custody” of a child, that party is often referred to as the “custodial parent” and they are responsible for making major decisions affecting the child’s health and wellbeing.

Typical major decisions that a custodial parent may make include the child's religious and educational training, health care and where the child's primary residence is. Legal custody comes in only two forms, “sole custody” and “joint custody.” If legal custody has never been established by a court, no person has “legal custody.” Importantly, custody does not mean the right to spend time with a child, that is called “parenting time” and is determined separately from custody.

Joint Custody in Oregon

Under Oregon law, “Joint Custody,” often referred to as “joint legal custody,” means a person’s ability to make major decisions affecting a child’s health and wellbeing that is shared with another party; any party with joint custody may make major decisions. Importantly, joint custody can only be ordered by the court if both parties agree. Joint custody does not necessarily mean that the parties share parenting time with a child equally.

Sole Custody in Oregon

Under Oregon law, “Sole Custody” means one party is given sole decision making authority over major decisions affecting a child’s health and wellbeing. If parties do not agree to share joint custody, the court must award sole custody to one party. Granting sole custody to a party does not necessarily mean that party is deprived of equal parenting time with a child.

Best Interests of the Child

In Oregon, when the parties do not both agree to share in joint custody of a child and a court is asked to determine whom should be granted sole custody, the court will look at the parties’ and the child’s circumstances to determine what may be best for the child. The court is guided by several statutory factors which are known as “the Best Interest of the Child.” These factors include the emotional ties between the child and other family members, the interests of the parties in and attitude toward the child, the desirability of continuing an existing relationship, 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; and the willingness and ability of each parent to facilitate and encourage a close and continuing relationship between the other parent and the child. No single factor is decisive on its own.

Determining Custody of a Child in Oregon

Custody of a child in Oregon is usually determined when two previously married parents are now seeking a divorce, separating, or seeking an annulment of their marriage. In this circumstance, custody of a child is but one of the issues that must be determined when a marriage is terminated. Custody may also be determined between two unmarried parents have never formally established their respective parenting rights as to a child, this is called an initial custody determination. An initial custody determination begins when one party files a “Petition for Custody” and then that party is called the “Petitioner.”

Any interested party who may also rights with regards to a child must be served with the Petition and that part is then called a “Respondent.” The case concludes when the court enters a judgment. Most often when the court is asked to determine custody of a child, the court is also asked to determine the parties’ respective right to spend time with the child, often known as parenting time or visitation. Often the court will also be asked to determine if child support should be ordered and if so, how much and whom should pay.

Contact our Bend family law attorney at your earliest convenience.

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  • In the end, all criminal charges were dropped.

    “I was referred to Casey from another attorney for my criminal charge of Vehicular Assault of a Pedestrian and Reckless Driving. Casey saw me right away and knew how to handle the case. Since Casey used to work for the District Attorney's office he knew the opposing attorney, their style, and how to direct the case. In the end, all criminal charges were dropped. Thank you Casey!”

    Anonymous

  • I am very thankful for him.

    “My experience with Casey was more than I could have even ever imagined. I have never had one of my children in trouble before. He explained everything to me, was very patient with all of my questions and was able to get my son the best deal he could for him. My son said nothing but positive words about Casey and knowing that he was in Cory's corner made this awful process manageable for me. I didn't really understand all the verbiage while the lawyer was explaining next steps during all these court hearings, but Casey would take me outside the court room and explain what was going to happen next. I am very thankful for him - so is my son.”

    Ristine

  • I can look toward a better tomorrow because of what he accomplished.I can look toward a better tomorrow because of what he accomplished.

    “Casey Baxter has been the most amazing attorney, and has truly changed the course of my future. He took the time to listen to me explain about everything that was going on in my life, not just about what happened on the day of my incident, and was able to get the judge to listen as well. He was able to change the outcome into something that was actually manageable for me. He and his staff were always available whenever I needed to ask a question or make a change. I am very grateful for all he has done for me and can look toward a better tomorrow because of what he accomplished.”

    Tessa

  • We would recommend Baxter Law to anyone.

    “We would like to thank Casey Baxter for his diligence and hard work. Also for respecting what we wanted to do in our case. He had our legal back all the way. We would recommend Baxter Law to anyone. Thank you again.”

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  • By far the best

    “My experience with Casey Baxter was nothing short of amazing. His whole office is so helpful, his paralegal and secretary are great as well. He is on your team 100%, other attorneys seem wishy washy but not Casey, he truly seems genuine and willing to go to bat to fight for you. He made me completely confident in going to trial. In my particular case we didn't have to because he was able to wheel and deal with the D.A. And get me an incredible deal. On top of that he was able to do everything in a timely matter. I had a nearly impossible deadline, we talked at 11 am and he had me on the docket for 1 pm that same day. I feel safe on Mr. Baxter's case load, anyone would. His background is very impressive, everything a person would want in a man defending them in a courtroom. When comes to little things other attorneys need to be reminded of with him there is no need, he is already on top of it. In other words Casey Baxter and his staff are a great team and are by far the best at representing you in your time of need.”

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