Understanding Joint Custody in Oregon
In Oregon, the majority of divorces involving children are resolved outside the courtroom through negotiated settlements. A common outcome for parents is an agreement on" joint custody," which pertains to decision-making authority over key issues such as education, non-emergency medical care, and religious training. It is crucial to note that joint custody does not dictate the parenting schedule; rather, it requires parents to collaborate on significant decisions affecting their children's lives. Despite initial intentions, some joint custody arrangements eventually deteriorate due to conflicts that prevent effective co-parenting. Here are three prevalent reasons why joint custody may break down:
Disagreements Over Education Choices
One parent might believe it is beneficial for the child to change schools, while the other disagrees. In a joint custody setup, either parent can enroll a child in any school without needing the other's consent. This can lead to confusion and disputes, especially if it affects the non-consenting parent's ability to participate in school activities or manage transportation during their parenting time.
Conflicts Regarding Medical Decisions
Parents may also clash over non-emergency medical treatments such as elective surgeries or mental health interventions. One parent might support a particular treatment plan while the other seeks alternative opinions or expresses concerns about potential risks or side effects. These disagreements can become particularly contentious when addressing mental health issues.
Divergent Religious Beliefs Post-Divorce
Changes in religious beliefs after divorce can also strain joint custody arrangements. Whether one parent adopts new beliefs or abandons previously shared ones, conflicts may arise regarding religious rituals, educational training related to faith, or celebrations of religious milestones.
Modifying Joint Custody Arrangements in Court
When these disagreements cannot be resolved amicably between parents, one party may petition the court for a modification of joint custody. Under Oregon law (ORS 107. 135) , a court will not impose continued joint custody against one parent's wishes if they seek modification. Instead, the court will award sole legal custody based on statutory factors aimed at determining what serves the child's best interests. Does this imply that parents should avoid agreeing to joint custody initially? Not necessarily. Children often benefit from observing their parents work cooperatively on important life decisions despite any eventual shift toward sole legal custodianship by one parent. Before finalizing any legal agreements concerning your children's custodial arrangements, we recommend consulting with an experienced [child custody attorney] (https: //pacific-flf. com/practice/child-custody) at Pacific Family Law Firm who can provide tailored advice specific to your situation.
