Factors considered in determining custody of child
Source:
Section 107.137 — Factors considered in determining custody of child, https://www.oregonlegislature.gov/bills_laws/ors/ors107.html.
Notes of Decisions
Specific acts of custodial parent misfeasance justifying custody change must be of sufficient number and nature to establish course of conduct or pattern of inadequate care having adverse effects. Niedert and Niedert, 28 Or App 309, 559 P2d 515 (1977), Sup Ct review denied
Where erroneous order transferring custody was not stayed, parent right to appeal order outweighs instability caused by retransfer of custody if appeal succeeds. Niedert and Niedert, 28 Or App 309, 559 P2d 515 (1977), Sup Ct review denied
Where court takes unusual action of awarding temporary custody at time of dissolution decree, standard at time of awarding permanent custody is best interest of child, not change of circumstances. Deffenbaugh and Deffenbaugh, 286 Or 759, 596 P2d 966 (1979)
Prohibition on giving preference to mother over father does not prevent consideration of which parent was primary caregiver. Van Dyke and Van Dyke, 48 Or App 965, 618 P2d 465 (1980), Sup Ct review denied
Age difference does not overcome preference for keeping siblings together. Sagner and Sagner, 49 Or App 215, 619 P2d 660 (1980), Sup Ct review denied; Moe and Moe, 66 Or App 947, 676 P2d 336 (1984)
Absence of provision in dissolution decree regarding movement of children out-of-state by custodial parent did not mean custodial parent could move children without court approval, as determination of “best interest of the child” must be made. Smith and Smith, 290 Or 567, 624 P2d 114 (1981)
Joint legal custody and physical custody are not concepts subject to separate awards. Klock and Klock, 83 Or App 656, 733 P2d 65 (1987)
Judgment provision for automatic change in custody without determining whether change served best interest of child is invalid. Jacobson and Jacobson, 84 Or App 704, 735 P2d 627 (1987), Sup Ct review denied; Korteweg v. Shroyer, 127 Or App 32, 870 P2d 863 (1994)
Court may not place conditions on custodial parent behavior unless necessary to protect best interest of child. Rollins v. Rollins, 93 Or App 150, 760 P2d 1381 (1988)
Application of “best interests of child” standard in custody dispute between natural parent and stepparent was improper. McQuade and McQuade, 124 Or App 243, 862 P2d 545 (1993)
Where custodial parent seeks to move out of state, maintaining close geographic connection between child and both parents is not controlling factor in determining best interest of child. Duckett and Duckett, 137 Or App 446, 905 P2d 1170 (1995), Sup Ct review denied
Where modification of custody is sought, establishment of substantial change in circumstances is prerequisite to court’s consideration of best interests of child. Francois and Francois, 179 Or App 165, 39 P3d 265 (2002)
Issuance of ex parte order against parent under Family Abuse Prevention Act is insufficient to trigger presumption that parent has committed abuse. Weismandel-Sullivan and Sullivan, 228 Or App 41, 206 P3d 1141 (2009), Sup Ct review denied
Although court found that primary caregiver factor weighed in mother’s favor, court did not abuse discretion by awarding primary custody to father when other statutory factors favored father. Murray and Murray, 287 Or App 809, 403 P3d 473 (2017)
Law Review Citations
35 WLR 467, 523, 585, 601, 643 (1999); 36 WLR 549 (2000)
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