At What Age Does A Child Get to Choose Where They Live in Oregon?
No matter the circumstances, navigating the preferences of everyone affected by divorce can be difficult. So at what point does a child get to choose where they live? The answer is simple, but there are still a multitude of factors to consider.
Let the folks at DBMA Family Law help you better understand the complexities of such issues so you and your loved ones can make the best, most informed decisions for all involved.
The intricacies of family law can be confusing and at times emotionally exhausting. Without the right resources and support, it can be difficult to know who to trust. These feelings are further amplified when children are involved, especially when it comes to matters of custody and parenting time.
Of course, the parents will have their opinions of what is best for their children and those considerations will be guided and negotiated by their respective legal counsel, oftentimes through the mediation process. But what about the opinions of the affected children? How are those opinions weighed when the court makes a decision, and how much agency does the child have in the decision making process?
At what age does a child in Oregon get to choose where they live?
In the state of Oregon, a child does not have legal decision-making power over where they choose to live.
This is a choice they cannot make until they reach the age of 18 when they become a legal adult, or earlier if they become legally emancipated. Generally, the court does not recognize a child as having the capability of making these determinations on their own and are therefore not permitted to do so.
That said, this does not mean that their experiences aren’t taken into account, in addition to a variety of other factors, when outlining a custody arrangement. These factors will help define a child’s legal custody and parenting time.
What is the difference between legal and physical custody?
Legal custody in the state of Oregon refers to a parent's rights in making decisions for their child as they pertain to matters concerning their medical, religious, and educational experiences. Parenting time is different from legal custody in that it defines how much time the child will have with each parent, when that time takes place, as well as the specific aspects of care each parent is responsible for.
It is possible for parents to agree to share joint legal custody of a child, and share parenting time equally as well, assuming that this is in the best interest of their child.
If there is a joint custody arrangement, then the parents will be making decisions together and sharing responsibilities on the child’s behalf. This is an agreement that the parents must make together. It cannot be court-ordered.
Sole custody, of course, means that a single parent will be handling most of the significant legal decisions for the child in question.
Legal custody does not necessarily impact the parenting plan. These are separate and distinct concepts. One parent can have sole legal custody of a child and that child might still live half of the time with his or her other parent. Again legal custody is solely an issue that relates to decision making on behalf of a child, not where a child lives.
What does the court evaluate when determining where a child will live?
Of course, these sorts of decisions are made on a case by case basis, but some of the factors a court will consider when making custody determinations include:
Each parents history in terms of caretaking for a child
Each parent’s work schedule and availability to care for a child
A child’s relationship with each parent, siblings and other immediate and/or extended family
Any safety issues including a history of abuse
When it comes to these elements, a child’s perspective is often (but not always) taken into account. It all depends on the facts as they pertain to each case. In some cases, attorneys can advocate for the child’s perspective, a third-party evaluator might interview the child for their perspective to present to the court, or extremely rarely, a child might testify in court.
Having a child testify in court is an option that is almost always, discouraged, as it could take an unnecessary emotional toll on the child and cause further strife within the family. The goal of most cases is to keep children away from the conflict and let responsible adults make decisions in their children’s best interests.
Does the court give preferential treatment to one parent over another?
In families where the parents are opposite genders, It is sometimes assumed that mothers are favored over fathers in child custody cases. In the state of Oregon, no distinction or significance is placed on a parent’s gender. It has absolutely no bearing on a custody case at all. All decisions are based on what is in the best interest of the child. Generally, it is important for the healthy development of a child to have frequent and consistent contact with both parents.
Do you have questions pertaining to child custody or other family law-related issues?
Call DBMA Family Law. Our team understands the emotional and financial toll that family law matters can take on individuals and families. Because of this, we pride ourselves on delivering exceptional legal services to resolve many types of family disputes, from simple, uncontested matters to the most complex, highly contested cases. DBMA Family Law is strong, strategic, seasoned, and here for your needs.
As always, our top priority is the health and safety of our employees, clients, and local community. During this time, DBMA Family Law Group is available to assist clients remotely during the COVID-19 pandemic and should expect the same prompt and efficient counsel you’ve come to expect from our team.