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Oregon Child Custody Laws

icon1 Posted by DivorceLine in Child Custody Laws by State on 03 21st, 2026 | no responses

Oregon Child Custody Laws

Custody may be awarded to either the father or the mother. The court shall give primary consideration to the best interests and welfare of the child when determining custody. In determining the best interests and welfare of the child, the court shall consider the following relevant factors:

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, unless a continuing relationship with the other parent will endanger the health or safety of either parent or the child.

In determining custody of a minor child, the court shall consider the conduct, marital status, income, social environment or life style of either party only if it is shown that any of these factors are causing or may cause emotional or physical damage to the child.

An order providing for joint custody may specify one home as the primary residence of the child and designate one parent to have sole power to make decisions about specific matters while both parents retain equal rights and responsibilities for other decisions. Modification of a joint custody order shall require showing of changed circumstances and that the modification is in the best interests of the child. Inability or unwillingness to continue to cooperate shall constitute a change of circumstances sufficient to modify a joint custody order

[Based on Oregon Revised Statutes: Chapter 107.137 and 107.169]

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