2011 ORS § 412.114¹
When child deprived of parental support of absent parent
  • effect of joint custody decree

(1) For purposes of ORS 412.001 (Definitions), if a parent does not reside in the home in which the child resides, it shall be assumed that the child is deprived of parental support or care by reason of the continued absence of the parent unless:

(a) The parent visits the child in the childs home more than four times per week or more than a total of 30 hours per week; and

(b) The functioning of the parent as a provider of maintenance, physical care and guidance is not interrupted or terminated as a result of absence of the parent from the home.

(2) A determination that a needy child is not deprived of parental support or care by reason of the continued absence of a parent shall not be based solely on an award by a court of joint legal custody. [Formerly 418.149]