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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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