Oregon Child Visitation Laws
Oregon child visitation or parenting time laws are codified in Oregon Revised States, Chapter 107. The laws are designed to govern the creation of a parenting plan, the enforcement of a parenting time order and all other matters associated with visitation. A visitation schedules can be created by agreement of the parents or by order of the court, according to Oregon law.
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Best Interests of the Child
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The primary consideration established in Oregon law to make visitation considerations is to determine what is in the best interests of the child. In defining what is in the best interests of a child, Oregon law specifically states, "The court shall consider the conduct, marital status, income, social environment or lifestyle of either party only if it is shown that any of these factors are causing or may cause emotional or physical damage to the child," according to Oregon Revised Statutes, Chapter 107.137.
Parenting Time Principle
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Oregon law adopts what is known as the parenting time principle or doctrine. Pursuant to the parenting concept, the non-custodial parent is not to be a mere visitor in the life of her child. Rather, according to Oregon law, the non-custodial parent is to enjoy reasonable and regular visitation sufficient to develop and maintain a meaningful parent and child relationship. The circumstances of each case determine what constitutes reasonable and regular visitation.
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Sexual Orientation
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Oregon courts generally do not consider the sexual orientation of a parent in making decisions pertaining to child visitation. The only exception is if there is demonstrated evidence that an issue related to the sexual orientation negatively impacts the child. For example, if the non-custodial parent is involved in a same-sex relationship that legitimately makes the child uncomfortable, the court may take that into consideration in fashioning a visitation order. The court may require the non-custodial parent's partner to not be present during visitation.
Legal Representation
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Visitation conflicts are challenging, emotionally and legally; therefore, a parent involved in a visitation issued in Oregon seriously should consider retaining the services of a qualified attorney. The Oregon State Bar maintains a directory of attorneys in different practice areas, including family law.
Oregon State Bar
16037 S.W. Upper Boones Ferry Rd.
Tigard, OR 97224
503-620-0222
800-452-8260
osbar.org
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References
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