Considering Everyone Else: Which Family Ties Matter in a Custody Decision?

One of the important factors courts look into in a custody dispute is the relationship the child has with other family members. Important family relationships include those between the child and grandparents, aunts, uncles, cousins, and even in some cases, step-parents. With that said, where other family members are concerned, siblings are of most interest to the court. Though it…

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Continuity and the Child’s Best Interests

In an Oregon divorce that involves a custody dispute, the court will consider “the desirability of continuing an existing relationship” between a parent and a child as a factor in its decision. This factor is primarily an investigation into which parent has previously been the child’s primary caregiver. Oregon law supports stability of environment in the child’s life, and if…

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How Committed Are You to Custody?

Just as a parent’s ability to foster a relationship between the child and the non-custodial parent is considered as a factor in custody (see our post “The Importance of Sharing”), the potential custodial parent’s own ability to maintain a stable, nurturing relationship with the child is also important. Oregon law considers a parent’s homemaking skills and enthusiasm for parenting, including…

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The Importance of Sharing: How Willingness to Maintain a Relationship Between the Child and the Other Parent Can Affect Custody

A custody decision is not solely about who might be better suited to caring for a child; a court also factors in a parent’s ability to maintain a child’s other relationships, including with his/her other parent. Oregon law encourages parents to continue sharing responsibilities and involvement in their child’s life if it is deemed to be in the child’s best…

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How Does Abuse Factor Into Custody?

While a court will not usually consider one factor, such as the child’s preference, to the exclusion of others when deciding custody in a divorce, there is a circumstance in which a single factor may be considered above all others: when one parent has committed abuse. (For a list of factors considered in determining custody, see our post: “Obtaining Custody…

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