Using an Oregon Child Custody Attorney

When parents divorce, the divorce decree specifies with which partner the divorcing couple's children will live as well as the circumstances under which the other parent will visit with the children. Child custody attorneys help parents to work out these arrangements between themselves or with the assistance of their spouse's attorneys or a mediator.

Physical Custody -- In many situations, physical custody is awarded to one parent with whom the child will live most of the time. Often the custodial parent shares legal custody of the child with the non-custodial parent. Legal custody includes the right to make decisions about the child's education, religion, health care, and other important issues.

Joint Custody -- Some parents choose a joint-custody arrangement in which the child spends an approximately equal amount of time with both parents. Because joint custody requires a high degree of cooperation between the parents, courts are reluctant to order joint custodyunless both parents are in agreement and can demonstrate the ability to make joint decisions and cooperate for the sake of their children.

Split Custody -- Another option is split custody, in which one parent has custody of one or more of the children and the other parent has custody of the other or others. Courts usually prefer not to separate siblings, like this.

Unmarried Parents -- When the child's parents are unmarried, most states require that the mother be awarded sole physical custody unless the father takes action to be awarded custody. An unwed father often cannot win custody over a mother who is a good parent. He still takes priority over other relatives, foster parents, or prospective adoptive parents, though.

In deciding who will have custody, the courts consider various factors. Your child custody attorney can help guide you through the legal decision based on these different factors such as:

• The wishes of the child
  
• Mental and physical health of the parents
  
• Religion and/or cultural considerations
  
• Need for continuation of a stable home environment
  
• Support and opportunity for interaction with members of extended family of either parent
  
• Interaction and interrelationship with other members of household
  
• Adjustment to school and community
  
• Age and sex of child
  
• Parental use of excessive discipline or emotional abuse
  
• Evidence of parental drug, alcohol or sex abuse

An Oregon family law attorney can also act as a child custody attorney to represent you in a child custody case. They can also act as your Oregon divorce lawyer and help you with spousal support, alimony, or child support cases as well. Finding one lawyer that can perform all of these duties will save you time, money, and possible headaches.