CHILD CUSTODY & VISITATION

1. What is an unfit parent in Oregon?

An “unfit parent” in Oregon is someone whose actions or behavior negatively impact a child’s well‑being. Examples include neglect, abuse (physical, emotional, or sexual), substance misuse, or inability to provide a stable, safe environment. Courts assess factors like evidence of harm, history of behavior, and professional evaluations (e.g., CPS reports or therapist input) to determine that a parent poses a real threat to the child’s physical or emotional health.

In Oregon, an “unstable parent” refers to one who cannot offer consistent care. This might result from frequent relocations, unmanaged mental health issues, untreated substance abuse, job instability, or chronic inconsistency in schooling and daily routine. The key issue is disruption to a child’s sense of safety, routine, or emotional support.

Oregon courts focus on the Child’s Best Interests. Key factors include:

• The child’s emotional, physical, and developmental needs

• A parent’s ability to meet those needs

• The child’s relationship with each parent

• Each parent’s willingness to support the relationship with the other parent

• Safety concerns like abuse, substance use, or neglect

• Stability of each parent’s home, work, and community
  

The goal is crafting a parenting plan that supports the child’s health, growth, and welfare.

A mother can lose custody if the court finds that it’s in the child's best interest to place them primarily with the other parent or a guardian. Common reasons include:

• Verified abuse, neglect, or substance misuse

• Severe mental health issues impairing care

• Domestic violence occurrences

• Chronic instability in housing, finances, or parenting

• Refusal to co‑parent or foster the child’s relationship with the other parent

Ultimately, courts make custody decisions based only on the child’s safety and best interests.

Having anxiety alone does not cause loss of custody in Oregon. Courts consider whether a parent’s anxiety:

• Prevents them from consistently caring for the child

• Leads to harmful behavior

• Is unmanaged and impacts the child

If treatment and support plans exist—therapy, medication, lifestyle changes—anxiety does not typically factor against you. Demonstrating responsible management of mental health actually helps your custody case.

Yes, 50/50 (joint physical custody) is possible in Oregon if both parents can participate in the child’s life effectively and it serves the child’s best interests. Essential requirements include:

• Both parents have safe, stable environments and schedules

• Good communication and cooperation

• The plan supports schooling, activities, and routine

• No safety concerns

Oregon law treats fathers equally to mothers. Fathers have rights to:

• Custody (legal and physical)

• Parenting time

• Involvement in education, healthcare, and decision‑making

Birth fathers typically have full rights. Non‑married or unacknowledged fathers may need to establish paternity first. Once paternity is recognized, fathers can petition for custody and visitation just like mothers.

No, Oregon law prohibits one parent from unilaterally denying access. Without a court‑ordered parenting plan, both parents have equal rights. If a parent refuses visitation, the other parent can:

• Attempt negotiation

• File a motion in family court

• Request enforcement or modifications to a court order

Failing to honor court orders can lead to legal consequences such as contempt findings or changes in custody.

If 50/50 custody doesn’t suit your family, options include:

• Seeking more time with your child in your parenting plan

• Showing the court that the other parent’s schedule or environment isn’t suitable

• Proposing an arrangement that best serves the child—like primary physical custody with shared decision‑making

Always center your requests on your child’s stability, routine, and well‑being. Courts favor plans that support the child, not parental preference.

Oregon doesn’t set a specific legal age for a child to choose. Instead, courts consider the child’s maturity, intelligence, and reasoned preference, often giving more weight to teenagers. However, the child’s choice is never the only factor. The court will balance the preference with other considerations to ensure the arrangement continues to serve the child’s best interests.

Oregon courts generally encourage overnight visits when it serves the child’s best interest, even for infants. Factors include:

• Child’s age and adjustment to sleeping apart

• Safety and suitability of the parent’s home

• The ability to maintain feeding or medical schedules

Decisions are made case‑by‑case. The goal is to build a strong parent‑child bond in a safe, nurturing environment.