Custody
ORS 107.137 — the child's best interests, no single factor alone, and a presumption against an abuser
- The child's emotional ties with family members
- Each party's interest in and attitude toward the child
- Continuing an existing relationship
- Abuse of one parent by the other
- A preference for the child's primary caregiver, if fit
- Each parent's willingness to encourage the child's relationship with the other
The court gives primary consideration to the child's best interests, weighing those factors, and may not rest on any one alone.
A presumption against an abuser. Where a parent has committed abuse, there is a rebuttable presumption that sole or joint custody with that parent is not in the child's best interests. A parent's disability is not considered unless it endangers the child.
In a divorce the court can also order spousal support as is just and equitable, which ends at either party's death unless the judgment says otherwise.
Sources for this section (2)
- ORS 107.137 — Factors considered in determining custody of child
- ORS 107.105 — Provisions of judgment
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Oregon attorney.