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Oregon Child Custody Factors

  1. Emotional ties between the child and other family members.
  2. Interest of the parties in and attitude toward the child.
  3. Desirability of continuing an existing relationship.
  4. Abuse of one parent by the other.
  5. Preference for the primary caregiver of the child, if the caregiver is deemed fit by the court.
  6. Willingness and ability of each parent to facilitate and encourage a close and continuing relationship between the other parent and the child. However, the court may not consider such willingness and ability if one parent shows that the other parent has sexually assaulted or engaged in a pattern of behavior of abuse against the parent or a child and that a continuing relationship with the other parent will endanger the health or safety of either parent or the child.


Oregon Revised Statutes Sec. 107.137

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Comments

Comment from kent whitehead
Time: March 2, 2008, 12:40 pm

my soon to be ex-wife has accused me 2x of being a child molester,even though i have been cleared by one county,she even moved in with boss/boy freind ,she has filed for divorce and thinks she should have custody and i do not think its right cause she has abused my son by beating him with a wooden spoon and broke it , i believe that i have been falsel acused,can you help or tell me of attorney that will help me gain custody of my two kids

Comment from papa
Time: March 5, 2008, 11:10 pm

Dear Kent,

I’m sorry to hear of your grief, and, in particular, how your son is suffering from various abuse which includes being beaten with a wooden spoon. That’s simply fucked-up and wrong. Yes, I can help you. Read this post. Good luck. Please come back and post again here and let us know what’s happened. I’m also curious and happy when the commenters follow-up their original posts.

Comment from Candice
Time: May 9, 2008, 6:21 pm

My fiancee Tim is an incredible father. He has always been there for his son despite his ex’s attempts to keep them apart. The divorce should have been over (they went to mediation, came to an agreement on joint custody and everything). She made him make two changes in the dissolution, which he paid to make, and just as she was about to sign it she suddenly said “no”. Now she wants to not even give him 10% parenting time, wants over 400 dollars a month in child support and just being plain wicked, because she “can’t trust him” (we have two documented times where she kept their son from him once for close to two weeks). He has bent over backwards to accomodate her, even agreeing to pay part of her attorney fees. We have no idea if the court will consider letting him have his son on the plan they agreed to, and the attorney isn’t being encouraging. Any suggestions on how we can hopefully tip this a little in our favor? It’s horribly frustrating as Tim is a hardworking man, while she doesn’t even work part time, gets everything paid for by the government, and is pregnant with another man’s baby. She just wants money.

Comment from papa
Time: May 9, 2008, 7:15 pm

Well, Candice, first thing I’d say is that Tim ought to be dropping down to his knees and thanking God that he’s got you by his side. A good woman makes all the difference in life I’ve found.

How old is the son?

What is the plan that they agreed to ? What does it state that you’re uncertain about the court granting?

As far as tipping things in your favor… it depends on what your objective is…. are you trying to get residential custody? or are you trying to get lots of visitation (Parenting time)???

What isn’t the attorney being very encouraging about? The thing about attorneys is … well, I remember this expression: “When in doubt, throw them out.” I’ve yet to meet one that was worth a damn. I feel I have been swindled and cheated by every single one of them, and, I’m actually on the verge of suing one……

That having been said, there is a service I like……. it’s this ask a lawyer service…… what I like about it is that you can get a lawyer to answer a question, and, there’s no contract, and, you don’t have to cut off one of your arms and hand it to them …….. you can get a question competently answered for $15 or $30 ……

the other thing I recommend is reading about fathers rights and custody issues ……. ……

I can also recommend this free forum where noncustodial parents chat … I’m “papa” over there ……….

and, if you go to my home page you’ll see a bunch of links on both sides that lead to very helpful resources ……..

good luck to you and Tim both!

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