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9200 S.E. Sunnybrook Blvd., Suite 335, Clackamas, OR 97015
8215 SW Tualatin-Sherwood Road, Tualatin, OR 97062
1915 NE Stucki Avenue, Suite 400, Hillsboro, OR 97006
590 Commercial Avenue, Coos Bay, OR 97420
4800 SW Griffith Drive, Suite 135, Beaverton, OR 97005
8338 Northeast Alderwood Road, Suite 157, Portland, OR 97220
318 S.E. Jackson Street, Roseburg, OR 97470
1205 NW 25th Ave, Portland, OR 97210
707 SW Washington Street, Suite 600, Portland, OR 97205
1609 East Barnett Road, Medford, OR 97504
In most states, family courts determine child custody arrangements based on what is in the best interests of the child. The courts look at several factors in making this determination, such as the parents’ desire and ability to care for the child, the emotional bond between the child and both parents, the adjustment needed if the child must move to a new area, and, if old enough, the child’s wishes. Courts consider each case on the individual needs of the children, including:
Separating parents' rights will vary depending on the type of child custody and visitation. Legal custody is the court-granted right to make major decisions on behalf of the child. This includes choice of schools, religious education, health care, and discipline. Physical custody determines where the child will live and what visitation rights will be awarded.
Most child custody arrangements are "joint custody," or "shared custody." Both parents have joint legal custody, even if one parent has more time with physical custody. For example, a child may live primarily with one parent. But this does not necessarily mean the parents do not have joint legal custody. Both parents have the right and responsibility to make major decisions in the child’s life and adhere to a parenting plan that outlines the specific arrangement.
There are specific legal procedures that are needed to modify an existing child custody or visitation order. The process may vary from state to state and on the specific circumstances of each case. Consulting with an attorney is important to understand the laws in your area. Generally, steps include:
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There are two common types of custody in terms of parental rights and the best interests of the child: sole custody and joint custody. Beyond this, there are also two different categories in which custodial rights can fall — physical and legal.
In most states, family courts determine child custody arrangements based on what is in the best interests of the child. The courts look at a number of factors in making this determination, such as:
Frequently, parents or other adults who have raised a child will be required by the court to take part in mediation. In mediation, you can discuss what you want, any problems you've had exchanging the child from one home to the next, and anything else that's relevant to the situation. Hopefully, you can come to a resolution everyone can live with. Otherwise, the judge may make a parenting plan that neither parent is happy with. However, it's important to note that if there was domestic violence in your relationship with the other parent, you may be able to skip mediation.
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