How do I get joint custody in Oregon?

How do I get joint custody in Oregon?

In Oregon a court cannot order joint custody unless both parents agree to all the terms. In families with more than one child, one or more children live with one parent and one or more children live with the other parent.

What’s the difference between sole and joint custody?

Sole legal custody means one parent is solely responsible for making decisions about a child? s life. This may be a better option for a parent who made most of the major and day-to-day decisions in marriage. Joint physical custody allows for both parents to have maximum involvement in the lives of their children.

Is it better if I file for custody first?

It does not matter who files first. The court considers the best interests of the child and it is presumed that it is best for the child if both parents see the child. Custody cases are complex. You should hire an attorney.

What comes first divorce or custody?

You should file first if you’re the one most desirous of change. If you’re dying to get these divorce proceedings started, or if there’s an issue with respect to custody and visitation that you need heard, it might be a good idea to file.

How does a judge determine custody?

Judges must decide custody based on “the best interests of the child.” The “best interests of the child” law requires courts to focus on the child’s needs and not the parent’s needs. The law requires courts to give custody to the parent who can meet the child’s needs best .

What happens when both parents file for custody?

In this, both parents will have legal custody but one will have the physical custody and be the primary caretaker. It could also be free access with no fixed schedule, but as per the parents and the child’s convenience, could include the non-custodial parent’s right to school events, etc.

At what age can a child say which parent they want to live with?

16 years old

At what age will a judge listen to a child?

Although the law specifically permits children at least 14-years-old to express an opinion, there is no specific age when a judge will listen to a child’s opinion. California statutes also permit a child younger than 14 years old to testify regarding a custodial preference, unless the court decides it’s not in the …

Can a child refuse to see a parent?

In cases where parents can’t agree, a judge will decide visitation and custody based on the child’s best interests. Both parents are bound by the terms of a custody order. If your child refuses to go to visits with the other parent, you could still be on the hook for failing to comply with a custody order.

Can a 9 year old decide which parent to live with?

1 attorney answer Although a child’s wishes are one factor among many the court must consider in determining the child’s best interests, a minor child never gets to “decide” which parent to live with.

Do I have to force my child to visit with the other parent?

You do have to physically take the child to the place of handover as ordered by the Court. If the child says they do not want to go, you have a positive obligation to encourage the child to spend time with the other parent.

What should you not say in family court?

Following are my top five things not to say in Family Court.

• “To tell you the truth.” Or ‘to be honest with you.
• “My children.” It’s a common enough reference when you are speaking about your children to a third party.

What should you not say in child custody court?

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• Refusing to cooperate or compromise with the other parent.
• Withholding visitation from the other parent without an urgent reason.
• Fighting with or talking badly about the other parent in front of your children.
• Exercising poor judgment on social media.
• Disobeying a court order.
• Not taking notes.