child custody

In Oregon, the term custody refers to legal custody, which means the authority to make important decisions about a child’s life. These decisions may include where the child goes to school, who provides their medical care, and whether they participate in religious activities. Custody is different from parenting time, which focuses on when each parent spends time with the child. Oregon recognizes several types of custody arrangements, depending on what best supports the child’s well-being and family circumstances.

  • In Oregon, sole legal custody means one parent has the right to make important decisions about the child’s upbringing, such as choices about school, health care, and religion. The other parent typically has parenting time, which allows them to stay involved and build a meaningful relationship with the child. In most cases, the parent with sole legal custody is also the child’s primary caregiver. This is the most common custody arrangement in Oregon.

  • In Oregon, joint legal custody means both parents share the responsibility for making major decisions about their child’s life, such as education, health care, and religious upbringing. Joint custody does not necessarily mean that parenting time is divided equally, children may still live primarily with one parent. Importantly, joint custody can only be ordered if both parents agree to it. If the parents cannot agree, the court must award sole custody to one parent. Child support may still be ordered, depending on the family’s circumstances and how parenting time is shared.

  • Temporary custody may be granted by the court during a divorce or custody case to provide stability for a child while the case is pending. When a parent is awarded temporary custody, they have the right to care for and make decisions for the child until the court holds a final hearing or issues a final judgment. Temporary custody orders are often used when the court determines that a child’s safety or well-being requires immediate action or a change in living arrangements.

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Children playing in a grass field.

Child custody decisions can be emotional and complex, but you don’t have to face them alone. At Newport Law, we provide clear guidance, compassionate support, and dedicated advocacy to help you protect your child’s well-being and your parental rights. Whether you’re beginning a custody case, seeking to modify an existing order, or navigating parenting time disputes, we are here to help you find the best path forward for your family.

When deciding custody and parenting time, Oregon courts focus on what is in the best interests of the child above all else. Judges consider many factors to understand each family’s unique situation, including:

  • Which parent has been the child’s primary caregiver

  • The emotional bonds between the child and each parent or other family members

  • Each parent’s involvement, attitude, and level of care

  • Which parent is most likely to support a positive relationship with the other parent

  • The stability and safety of each home environment

  • The child’s age and, when appropriate, their own wishes

  • Any history of abuse, neglect, or domestic violence

  • Criminal history or other factors that may affect a parent’s ability to care for the child

While custody is most often awarded to a parent, in rare circumstances the court may grant custody to another responsible adult, such as a grandparent, if both parents are unable to provide proper care.

At Newport Law, we take the time to listen to your story and help you understand your rights and options. We will explain Oregon’s custody laws in clear, straightforward terms and builds a strong case that reflects your child’s best interests. We’re here to guide you through every step of the process with skill, compassion, and advocacy.