Oregon Petition To Establish Custody, Parenting Time and Child Support

State:
Oregon
Control #:
OR-HJ-472-01
Format:
PDF
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A01 Petition To Establish Custody, Parenting Time and Child Support
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FAQ

When you receive the written notice from Child Support you must file your application in the Family Court, Federal Circuit Court or Local Court for a declaration within 56 days of receiving the notice.

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.

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.

Age of the children. Each parent's living situation. Each parent's willingness to support the other's relationship with the children. Each parent's relationship with the children before the divorce. Children's preferences. Continuity and stability.

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.

In the case of a 50/50 split, the higher earner usually pays child support to the lower earner to ensure the children's standard of living is the same in both locations.

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.

Oregon Custody Law Does Not Favor Either Parent Instead, according to Oregon custody law, courts largely base their decisions on what is in the best interests of the child. For example, if the mother has a history of committing domestic abuse, the father may have a higher likelihood of receiving sole custody.

It is a common misconception that there is a magic age when a child can decide which parent they will live with. In both Washington and Oregon, a child can only choose which parent they'd like to live with when they turn 18 or are otherwise emancipated.

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Oregon Petition To Establish Custody, Parenting Time and Child Support