If you are seeking a divorce, but have children, you may wonder how a custody agreement is decided. Custody, parenting time, and child support will be decided as part of a Petition for Dissolution of Marriage. If you are the person to initiate the divorce proceeding, the Petition will address these issues. If you are not seeking legal custody of the children, then the Petition will say that custody of the children should be awarded to the other spouse. Parenting time and child support are similarly addressed in the Petition.
Who Can File a Petition For Custody?
Legal custody in Oregon refers to the adult that has the responsibility of making major decisions for the child such as those surrounding healthcare and education. For joint legal custody to be awarded, both parents must agree to the arrangement. However, even when only one parent has legal custody, the state still encourages parents to share in the rights and responsibilities of raising their children. While biological parents are the preferred individuals to hold custody, other relatives or individuals who have maintained a close relationship with the child may submit a petition in situations where the parents are both deemed unsuitable. Due to the complexity of this process, getting the help of a family law lawyer is recommended.
Will I Be Responsible for Child Support if I Don’t Have Custody?
There is a difference between legal custody and what is often referred to as physical custody. The parenting time arrangement, i.e. the amount of time the children spend with each parent, does affect the child support calculation. Child support in Oregon is, in most instances, determined by a child support calculator which takes a number of factors into account. The elements considered include the time-sharing arrangement, each party’s incomes, insurance costs, daycare, and other factors. Not being granted legal custody doesn’t mean that you will have to pay child support, but it can. Both parties are expected to help meet the needs of the children.
Can I Get Custody if I Wasn’t Married to the Other Parent?
In cases where the parents have never been married, the mother is typically granted legal custody automatically. Once paternity is established, the father can petition for parenting time and/or custody. Sometimes, with the help of a family law attorney, you can have decisions about custody and parenting time included in a paternity case. It bears repeating that legal custody only establishes decision-making responsibilities, while physical custody (i.e. time spent caring for the child) is known as parenting time.