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Oregon Custody Law Does Not Favor Either Parent Fathers' rights in Oregon are viewed as equal to mothers' rights. Instead, according to Oregon custody law, courts largely base their decisions on what is in the best interests of the child.
Children are not allowed to decide, only the court can modify visitation/parenting plans. Children over 14 are considered to have some maturity ad the court may listen to their testimony but generally speaking the court frowns on parents...
Factors that can lead a court to deem a parent unfit include: Instances of abuse or neglect; Willing failure to provide the child with basic necessities or needs; Abandonment of the child or children; or.
In general, a child cannot legally decide which parent to live with unless they are emancipated or reach the age of majority. However, let us assume that parties in a divorce are dealing with a custody and parenting time dispute related to a 16-year old child.
If the court deems one parent unfit, the other parent will likely receive custody. Some factors that a court may use to determine a person's fitness as a parent include: A history of child abuse. Any court will look unfavorably on a parent with a history of abusing his or her children.
The legal definition of an unfit parent is when the parent through their conduct fails to provide proper guidance, care, or support. Also, if there is abuse, neglect, or substance abuse issues, that parent will be deemed unfit.
Some people think joint custody means the child lives with each parent 50% of the time.A court cannot award joint custody in Oregon unless both parents agree to it. Sole custody in Oregon means that the parent who has custody makes all major decisions regarding the child.
Evidence of parenting ability: Courts look for evidence that the parent requesting custody is genuinely able to meet the child's physical and emotional needs, including food, shelter, clothing, medical care, education, emotional support, and parental guidance.
An unsafe environment that poses threats for your children and are instances where a court will step-in include: Physical abuse to intentionally harm the child's body or mind. Neglecting the child by failing to give them what he/she needs. Failure to supply enough food or appropriate medical care.