Custody & Parenting Plans
An inclusive approach, recognizing the diverse dynamics of modern families. Our child custody attorneys serve families throughout the Portland metro.
Guidance through Child Custody
At Stannard and Batalden Family Law, we know that nothing matters more than your children. When legal custody decisions are being made, it’s essential to understand your rights, your options, and what the court considers when determining what’s in your child’s best interest. We also know that not every parent or parent-like relationship is recognized by law. We can help step-parents, co-parents, and psychological parents secure their custody or parenting time rights.
Custody, Parenting Plans, and Co-Parenting
Parenting time and custody arrangements are about more than just legal authority. They shape your child’s daily life. In Oregon, custody is separate from the parenting plan, which outlines where your child lives, how time is divided between parents, how holidays are handled, and more.
Our attorneys can help you negotiate or litigate a plan that protects your child’s needs while also respecting your role as a parent. We emphasize equitable solutions that recognize the complexities of custody matters, ensuring that each family's unique composition is considered and respected throughout the legal process.
Legal Custody and Oregon Law
In Oregon, legal custody refers to a parent’s authority to make major decisions for a child. This includes decisions about education, non-emergency medical care, and religious upbringing. Parents may agree to joint custody, which allows both to share in this responsibility. However, Oregon courts cannot order joint custody unless both parents agree. If they do not, the court must award sole custody to one parent.
Under ORS 107.137, Oregon courts are required to prioritize the best interests and welfare of the child when determining custody. The judge will consider:
The emotional ties between the child and each family member
Each parent’s level of interest in and attitude toward the child
The importance of maintaining existing, stable relationships
Any history of abuse between the parents or toward the child
Whether a parent has served as the child’s primary caregiver
Each parent’s ability and willingness to support a healthy, ongoing relationship with the other parent, unless doing so would pose a risk to the child’s safety.
Joint Custody vs. Sole Custody
Joint Custody allows parents to share decision-making for major life areas like education, health care, and religious upbringing. If parents cannot agree, the court determines custody. Judges consider parental involvement, past caregiving, emotional bonds, and more.
Sole Custody is awarded when joint custody isn’t feasible. One parent is given legal authority for major decisions, but parenting time can still be shared.
When Courts Decide Custody
Courts focus on the child’s best interest, not the parents’ wishes. A mature child’s preferences may be considered, along with any history of abuse.
Parenting time (physical custody) is handled separately and may be shared even when sole custody is awarded. At Stannard and Batalden Family Law, we advocate with both strategy and heart, keeping your child’s needs central to the legal plan.
What To Expect from Our Team
Every family is different. That’s why we begin each case with a thoughtful and thorough consultation. This initial meeting gives us the opportunity to listen carefully to your concerns, understand the background of your situation, and advise you on your legal options.
The best attorney is the one who listens to you, explains your options clearly, and works tirelessly to help you achieve your goals. We believe in clear guidance, honest feedback, and steady advocacy.
“Mindy Stannard was Amazing! I was struggling with a custody battle of my two children. Not only did I get my children back but she helped put protect in place for their futures as minors.” — Victor
“Austin Batalden shepherded me through a protracted divorce with a lot of intricacies. Knowledgeable, calm, practical, able to help me protect my interests. Highly recommended.” — Cara
Frequently Asked Questions
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Oregon law does not allow children to decide parenting time arrangements or with which parent they will live.
If parents can not reach an agreement regarding parenting time or living arrangements, a judge must decide and base their decision on the child’s best interest.
In some cases a judge may consider a child’s wishes (especially older children) when making their decision.
Our attorneys are able to help you navigate how to best address your children’s preferences with the court.
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In Oregon, legal custody describes the ability to make major decisions concerning the child, including, but not limited to, the child’s residence, education, health care and religious training.
Parenting Time, under Oregon law, is what is often referred to as “physical custody.” In this context, parenting time is the scheduled time a child has with a parent. This schedule is typically incorporated in a parenting plan that also includes general provisions/rules for parenting time.
Custody and parenting time, while closely related, are separate issues.
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In Oregon, if parents do not agree on custody (and mediation is not successful), the case will be scheduled for trial. At trial, each parent will present their evidence and witnesses to support their position. Once both sides have presented their case the judge uses a number of legal factors to determine custody based on the child’s best interest.
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Oregon courts do not have jurisdiction to make initial custody decisions for children in other states. However, if an Oregon court has previously determined custody, for a child now living in another state, Oregon courts may retain authority to intervene.
Our attorneys can assist you in determining whether Oregon or another state is the appropriate venue to pursue custody.
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Every case is different. The specific factors involved in your case will determine the types of questions you will likely need to answer. Parents should expect to answer any question that relates to their ability to act and make decisions in a child’s best interest.
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Changes in employment (promotions, lay-offs, termination, etc.) alone do not affect custody. However, if those changes impact the custodial parent’s ability to act and make decisions in the child’s best interest, a change in custody may be appropriate.
An experienced family law attorney will be able to assist you in determining how changes in employment may impact your case.
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Child support and parenting time are related but separate issues.
Parenting time is a factor in determining the amount of monthly child support.
Child support and the ability to pay it is not a factor in determining parenting time with a child.
Get in touch.
We welcome inquiries and requests for consultations.
info@msabfamilylaw.com
(503) 564-7009
Hours:
Monday 8:30 AM–5 PM
Tuesday 8:30 AM–5 PM
Wednesday 8:30 AM–5 PM
Thursday 8:30 AM–5 PM
Friday 8:30 AM–5 PM
Saturday Closed
Sunday Closed
Our Service Areas
Portland, OR
West Slope, OR
Raleigh Hills, OR
Garden Home-Whitford, OR
Metzger, OR
West Haven-Sylvan, OR
Beaverton, OR
Hillsboro, OR
Cedar Hills, OR
Aloha, OR
St. Helens, OR
Huber, OR
Lake Oswego, OR
Tigard, OR
Wilsonville, OR
Oregon City, OR
Englewood, OR
McMinnville, OR