Law Office Of Teri Plagmann, PC 

There are two types of custody: (1) Physical and (2) Legal Custody. Physical custody concerns which parent provides the primary residence for the child. We commonly refer to this parent as the primary residential parent. Physical custody may be "split" among both parents, however this is often only advised in certain circumstances.

Legal custody concerns which parent has the right to make major decisions concerning the child's life such as where the child will live, education, religion, medical, and other decisions.  The parent who is the "primary residential parent" often has legal custody.  However legal custody may also be joint, in which both parties would discuss and agree on major decisions in the child's life.     

Under Oregon law, the court gives primary consideration is what is in the best interests and welfare of the child. A judge will look at the facts and circumstances of each particular family. Under Oregon statute, the courts use these factors to determine what is in the best interests and welfare of the child:

• The emotional ties between the child and other family members;
• The interest of the parties in and attitude toward the child;
• The desirability of continuing and existing relationship;
• The abuse of one parent by the other;
• The preference for the primary caregiver of the child, if the caregiver is deemed fit by the court; and
• The willingness and ability of each parent to facilitate and encourage a close and continuing relationship between the other parent and the child.

Oregon statute provides that if you are moving more than 60 miles, you are required to provide the other parent, and the court, with notice prior to your move. If your move will affect parenting time with the children, you should seriously consider changing your parenting plan prior to the move. You should discuss these issues with one of our attorneys, who can help navigate you through the process and ensure that you start off your move on the right foot.

If your child is in danger, there are emergency motions that we may file asking the court to grant you temporary emergency custody in order to protect your child. Courts will usually only grant these orders in extreme situations. If an order is granted, the opposing party has the right to request a hearing objecting to the order. Also, be aware that these type of orders are temporary and you may need to also file separate documents to make the order permanent.

Custody can be always be modified. The court will consider a change of custody from one parent to the other if there is a substantial change of circumstances and the modification is in the best interests of the child.  If joint custody exists, it may be appropriate to modify custody if joint custody is no longer working between the parents.  Whether custody or parenting time will be modified depends upon your particular facts and circumstances and it is important to ensure that you have an experienced attorney assisting you with this issue.

There is no rule stating that a child can or cannot testify in court. However, many parents and attorneys choose not to put the child in such a position. Another alternative is to request an expert to be appointed by the court as a "custody evaluator", who will look at the information independently and make a recommendation to the court.  The custody evaluator has the authority to interview the parties, their children and professionals involved with the children; review medical records; make home visits and request informational tests such as drug tests, or psychological exams.

Under ORS 109.119, a court may order a third party to have custody or specific parenting time with the child. The statute is not specifically give rights to grandparents. It applies to anyone who has established emotional ties to the child creating a parent child relationship, such as a grandparent, stepparent, foster parent, or another type of guardian, within a specific time frame. Additionally, the burden of proof is on you to show that the legal parents are not acting in the best interests of the child. We would be happy to talk to you in more detail if you have questions about this issue.