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  • Writer's pictureKelli Hastings

Statutory Factors for Determining Custody in Oregon

An Oregon Court will determine sole custody of a minor based on the following considerations:

(a) The emotional ties between the child and other family members;

(b) The interest of the parties in and attitude toward the child;

(c) The desirability of continuing an existing relationship;

(d) The abuse of one parent by the other;

(e) The preference for the primary caregiver of the child, if the caregiver is deemed fit by the court; and

(f) The willingness and ability of each parent to facilitate and encourage a close and continuing relationship between the other parent and the child.

The best interests and welfare of the child in a custody matter shall not be determined by isolating any one of the relevant factors above, or any other relevant factor, and relying on it to the exclusion of other factors, unless a parent has committed abuse toward the other parent or toward the child, or has engaged in a pattern of conduct to an extent that a continuing relationship with the other parent will endanger the health or safety of either the parent or the child.

No preference in custody shall be given to the mother over the father for the sole reason that she is the mother, nor shall any preference be given to the father over the mother for the sole reason that he is the father.

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