Oregon Info

Oregon Divorce Start Your Divorce Find Professionals Oregon Articles Divorce Facts Divorce Grounds Residency Divorce Laws Mediation/Counseling Divorce Process Legal Separation Annulments Property Division Alimony Child Custody Child Support Divorce Forms Process Service Grandparent Rights Forum Oregon Products Divorce by County

Oregon Articles

Custody & Visitation Child Support Divorce/General Domestic Abuse Domestic Partnership Grandparent Rights Mediation SEE ALL

Info Categories

Contemplating Divorce Children & Divorce Divorce, Dollars & Debt Divorce Laws Divorce Process Divorce Negotiation SEE ALL

More Information

Articles Checklists Research Center Cases of Interest Dictionary Encyclopedia Encyclopedia (pop-up) Blogs

For Professionals

Advertise With Us Free Network Page Join Our Network Submit Articles Case Management Sign In

Network Sites

Oregon Divorce Support Oregon Divorce Online

Psychological Parents’ Rights - Custody
A.Authority: ORS 109.119

B.Eligibility

A person petitioning for custody under this statute must show a "child-parent relationship." The statute defines "child-parent relationship" as follows:

a relationship that exists or did exist, in whole or in part, within the six months preceding the filing of an action under this section, and in which relationship a person having physical custody of a child or residing in the same household as the child supplied, or otherwise made available to the child, food, clothing, shelter and incidental necessaries and provided the child with necessary care, education and discipline, and which relationship continued on a day-to-day basis, through interaction, companionship, interplay and mutuality, that fulfilled the child's psychological needs for a parent as well as the child's physical needs. However, a relationship between a child and a person who is the foster parent of the child is not a child-parent relationship under this section unless the relationship continued over a period exceeding 18 months."

In other words, a person requesting custody must show that they had exclusive or shared physical custody of the child within six months before the petition. It does not include foster parents unless the relationship extended for a period of 18 months or more.

C.Relief Available

If the required relationship is shown, and if it is in the best interests of the child, the court may award custody to the person or appropriate visitation rights. Upon filing the petition, the court may also award temporary custody, pending a final hearing. No attorney fees are available under this statute.

D.Contests Between Psychological Parents and Natural Parents

Generally speaking, in contests between a natural parent and a psychological parent concerning the custody of a child, the court will award custody to the natural parent absent some compelling threat to the child's present or future well-being. The "best interests" standard does not apply. So long as the child is receiving minimally adequate parenting, the natural parent will prevail as to custody.


Was this helpful? Like our site & let us know.

Related Articles


Start Oregon Divorce Start Your Oregon Online Divorce Today
Easy, Fast and Affordable with a 100% Guarantee.
Oregon Divorce Find Oregon Divorce Professionals in Your Area:
Join the Network
Oregon Divorce Products, Services and Solutions Oregon Divorce Products, Services and Solutions
Oregon Divorce Resources to Help You Through the Process.
Online Parenting Class Oregon Mandatory Online Parenting Class
Easy and convenient - complete at your own pace online.
Divorce and Custody Books Discount Divorce Bookstore
Over 100 Titles of the Best Books on Divorce & Custody.
Divorce Downloads Divorce Download Center
Instantly Download, Books, Manuals, & Forms.
Divorce Worksheet Free Oregon Divorce Worksheet & Separation Agreement
Your Guide to Get Organized and Put Everything in Writing.
   
Oregon Courts decide child custody when the parents cannot. The court considers the best interests of the child when making a ruling. Child support payments are based on an income shares model. Each parent is required to contribute financially to their child's upbringing and each person's share is calculated in proportion to their income. Each parent must provide copies of his or her W-2s to verify income. Along with the income statements, the court considers each parent's ability to borrow funds, earning capacity, and the child's needs. The court may order the parent paying child support to buy a life insurance policy and keep it in force so that the child will still be supported if the parent dies before he or she reaches the age of majority.
Divorce Lawyers & Mediators
 

Find Professionals

Easily Connect With a Lawyer or Mediator
Have Divorce Professionals from Your Area Contact You!
Enter Your Zip Code:

 

Start Your Divorce File for an Oregon Divorce

 

Settle Your Divorce Negotiate Your Oregon Divorce

 

Support Forum Oregon Support Forum

Children In Between - Online Parenting Class


FEATURED TOOL - The Divorce Encyclopedia IPhone App (Search 1000 terms from A-Z)

Guarantee Official PayPal Seal Facebook Twitter Versign Secure Site
Limited Offer Women's Rights Manual For Divorce
Cover Price: $55.95
Your Price: $29.95
You Save: $26.00

"The Absolute Best Investment in Your Divorce"

Men's Rights Manual For Divorce
Cover Price: $55.95
Your Price: $29.95
You Save: $26.00

"Uncover Your Options and Unleash Solutions"