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In California, an unfit parent is a parent who, through their conduct, fails to provide proper guidance, care, or support to their children. This can include not only a parent's actions but also a home environment where abuse, neglect, or substance abuse is present.
A promise or agreement to pay is not enough, but a judge or hearing officer can approve an agreement or promise and make it a support order.
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.
Ann. § 109.510.) When the child turns 18, the court no longer has the jurisdiction (power) to require custody or visitation with either parent. If the custodial parent withholds or fails to send a child for visitation, the other parent can ask the court to enforce the orders.
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.
Oregon law list factors to determine if a parent is unfit, such as abusive, cruel or sexual conduct toward any child; addiction or habitual use of narcotics, alcohol or controlled substances; physical neglect of the child; or mental health condition that renders parent incapable of proper care to the child.
In Oregon, as long as paternity has been established, the laws on custody and parenting time are the same for both married and unmarried parents. The best interest of the child is the main focus in making decisions about custody and parenting time. IMPORTANT!
Oregon Custody Law Does Not Favor Either Parent This is not true. 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 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.
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. These may include the child's religious and educational training, health care and where the child's lives.