Oregon Family Law:
Child Custody in Oregon

Custody cases are governed by a variety of factors. Some are listed in Chapter 107 of the State of Oregon's Revised Statutes. Statutes are very specific written laws. Legal principals relating to custody also come from prior court cases. Common sense also plays a role in custody cases.

Generally, courts will grant custody to the parent who has been the "primary parent." That person is generally the person who spends more of their time with the child - the person who adjusts their schedule to be there for their child. If both parents spend equal amounts of time with the child, then I explain the concept this way: If both parents and the child are on a sidewalk and the child falls and is injured, which parent does the child run to for a comforting hug?

While custody is usually granted to the primary parent, that may not happen if the primary parent is not a good parent. That is particularly true where the parent who is not the "primary parent" has better parenting skills. In addition, if primary parents keep their child from the other parent, the court may grant custody to the other parent as a way of ensuring the child has meaningful access to both parents.

The best custody lawyers have a method, or methods, for proving their client is the parent who should be granted custody. Typically lawyers rely upon other family members to describe the relationship between the child and each parent. School teachers can be very important in describing which parent the child feels more comfortable with. Sometimes psychologists or other professionals are employed to perform an "independent custody evaluation." There are times good lawyers recommend that evaluation and times when they should be avoided.

In Lane County, both parties are required to attend one free mediation session. The mediator is not there to say who is right and who is wrong, nor to say who will win and who will lose. Instead, their sole responsibility is to help the parents talk to one another so that they can reach an agreement that they think is best for their child. What is said in mediation is confidential and cannot be repeated if you go to trial. It is okay to not agree in mediation.

Most custody cases take at least 40 hours of an attorney's time. If your case goes to trial, we will meet many times to develop a strategy, decide who will testify, and agree on what areas to ask questions of the other parent's witnesses.

Custody cases are like most areas of law - the better prepared side is much more likely to win than the side that is not prepared. That is particularly true when there is a good strategy for winning..

Our law firm prides itself on its success in child custody cases and believes firmly in the method we've developed for settling these cases and, when necessary, when taking these cases to trial.