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Key Points. Your partner cannot legally stop you from having access to your child unless continued access will be of detriment to your child's welfare. Until a court order is arranged, one parent may attempt to prevent a relationship with the other.
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. Minor children are not considered capable of making such decisions for themselves and are not permitted to choose living with one parent over another.
Under Oregon law, no matter who has custody, both parents almost always have the right to access the child's school, medical, dental, police and counseling records. Both parents usually are able to authorize emergency medical care.
Without a legal establishment of paternity, an unmarried father cannot assert his parental rights over a child. However, once paternity has been established, a father may file a petition in court to be granted custody, parenting time, and child support.
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. (This is sometimes called "split" custody.)
In law, there is no fixed age that determines when a child can express a preference as to where they want to live. However, legally, a child cannot decide who they want to live with until they are 16 years old. Once a child reaches the age of 16, they are legally allowed to choose which parent to live with.
In such instances if a mother takes a child away without the fathers consent following an objection being raised then the mother may be guilty of child abduction. Abduction is failure to return the child following an agreed period.
The court can restrict or deny a noncustodial parent visitation grounds on the flowing grounds: If the parent has a history of molesting the child. If the court believes that the parent can kidnap the child. If the parent is likely to abuse drugs while taking care of the child.
In the state of Oregon, a child does not have legal decision-making power over where they choose to live. This is a choice they cannot make until they reach the age of 18 when they become a legal adult, or earlier if they become legally emancipated.
In general, a child cannot legally decide which parent to live with unless they are emancipated or reach the age of majority, that being 18 years old in most states. After children have become adults with legal decision-making power, they have the right to choose which parent they want to live with.