This pamphlet provides an overview of primary custody. Topics covered include what primary custody is, court evaluations, and how primary custody is chosen.
Oregon USLegal Pamphlet on Primary Custody
State:
Multi-State
Control #:
US-PMPH-16
Format:
Word;
Rich Text
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FAQ
Relocation Of A Custodial Parent The laws in Oregon require that any custodial parent may move up to 60 miles away from their current residence with no notice or approval.
The co-parents begin their schedule on Monday morning in the extended weekend schedule. The co-parent with 60% custody time is with the kids from Monday morning through Friday afternoon (four overnight stays). Then, the co-parent with 40% custody is with the kids through the weekend.
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.
Among 50/50 schedules, the 5-2-2-5 and alternating weeks schedules are the most popular. These schedules have longer periods apart than 2-2-3 but don't require as much upfront planning or communication. Attorney Zeiderman lists 5-2-2-5 and alternating weeks as the two most popular schedules.
The maturity of each child, in addition to the bond between the child and each parent, are just as important as age. Our attorneys have seen 7 year olds handle a week on / week off schedule better than some 11 year old kids. With that being said, one blanket approach won't be beneficial for all.
What Does a 70/30 Custody Schedule Look Like? Co-parents with a 70/30 schedule usually split the week with a 5-2 schedule where one co-parent has the child for the school week, and the other takes weekends. Alternatives include swapping every third week or having more frequent exchanges every third day.
It typically involves the child staying with their primary caregiver most of the time but spending every other weekend with their other parent. If the parent lives some distance away, it often involves that parent driving, flying or taking the train to visit their child.
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.
