2007 ORS 109.175¹
Determination of legal custody after paternity established

(1) If paternity of a child born out of wedlock is established pursuant to a petition filed under ORS 109.125 (Who may initiate proceedings) or an order or judgment entered pursuant to ORS 109.124 (Definitions for ORS 109.124 to 109.230) to 109.230 (Legality of contract between mother and father of child born out of wedlock) or ORS 416.400 (Definitions for ORS 416.400 to 416.465) to 416.465 (Relief from compliance with order), or if paternity is established by the filing of a voluntary acknowledgment of paternity as provided by ORS 109.070 (Establishing paternity) (1)(e), the parent with physical custody at the time of filing of the petition or the notice under ORS 416.415 (Notice and finding of financial responsibility), or the parent with physical custody at the time of the filing of the voluntary acknowledgment of paternity, has sole legal custody until a court specifically orders otherwise. The first time the court determines who should have legal custody, neither parent shall have the burden of proving a change of circumstances. The court shall give primary consideration to the best interests and welfare of the child and shall consider all the standards set out in ORS 107.137 (Factors considered in determining custody of child).

(2) In any proceeding under this section, the court may cause an investigation, examination or evaluation to be made under ORS 107.425 (Investigation of parties in domestic relations suit involving children) or may appoint an individual or a panel or may designate a program to assist the court in creating parenting plans or resolving disputes regarding parenting time and to assist parents in creating and implementing parenting plans under ORS 107.425 (Investigation of parties in domestic relations suit involving children) (3). [1983 c.761 §11; 1985 c.671 §42; 1995 c.608 §4; 1999 c.59 §25; 1999 c.569 §8; 2001 c.833 §3; 2005 c.160 §§15,21]

Notes of Decisions

Entry of initial decree by default does not negate need to show change of circumstances in peti­tion for modifica­tion. State ex rel Johnson v. Bail, 140 Or App 335, 915 P2d 439 (1996), aff'd 325 Or 392, 938 P2d 209 (1997)

Notes of Decisions

Contract enforceable under ORS 109.230 (Legality of contract between mother and father of child born out of wedlock) provides addi­tional grounds for enforcing support obliga­tion, but cannot negate obliga­tion of support. Fox v. Hohenshelt, 19 Or App 617, 528 P2d 1376 (1974)

Uniform Child Custody Jurisdic­tion Act does not apply to paternity ac­tion because paternity ac­tion is not custody determina­tion. State ex rel Baldwin v. Hale, 86 Or App 361, 738 P2d 1016 (1987)

Chapter 109

Law Review Cita­tions

12 WLJ 569-589 (1976)


1 Legislative Counsel Committee, CHAPTER 109—Parent and Child Rights and Relationships, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­109.­html (2007) (last ac­cessed Feb. 12, 2009).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2007, Chapter 109, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­109ano.­htm (2007) (last ac­cessed Feb. 12, 2009).
 
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.