OREGON

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NPO AFFILIATE | OR

STATE CHAIR: Jess Miller
LEGISLATIVE LIAISON: Steve Bella
WEBSITE: OR Facebook Site

Highlights:

In instances of divorce or separation:

  • 95% of those in Oregon believe it is in the child’s best interest to have as much time as possible with each parent.

  • 96% in Oregon expressed a commitment to vote their beliefs in being “more likely to vote for a candidate who supports children spending equal or nearly equal time with each parent following separation or divorce when both parents are fit and willing to be parents.

  • 87% of those in Oregon indicated they would support a change in Oregon law that awards children as much time as possible with each parent.

  • 82% believe that when there is conflict between parents, awarding sole custody to one parent increases conflict.

  • 91% believe that both parents should have equal rights and responsibilities following divorce or separation.

POSITIVES:

  • Oregon's PTA is continuous, with no cliff effects.

  • Oregon's PTA appropriately results in no presumptive child support transfer payment when parental income and parenting time are both equal.

NEGATIVES: 

  • Oregon's PTA has a threshold of 33 days.

  • Oregon's PTA doesn't recognize the fixed, duplicated costs involved in shared parenting.

  • Oregon's PTA takes into account the effect on the payer parent's household only conditional on the recipient parent's income.

2019 NPO Shared Parenting Report Card

WHY DID OREGON RECEIVE A C?

POSITIVES:

  • A 2019 statute requires that “If a parent requests that the court order equal parenting time in the parenting plan, the court may deny the request if the court determines, by written findings, that equal parenting time is not in the best interests of the child or endangers the safety of the parties.” OR. REV. STAT. § 107.10 2(4)(c). The legislative history of this statute makes clear that courts must explain the basis of their decision to deny such a request.

  • Oregon statutes contain a policy statement encouraging “parents to share in the rights and responsibilities of raising their children after the parents have separated or dissolved their marriage.” OR. REV. STAT. § 107.149

  • Oregon statutes require courts to consider a “friendly parent” factor in determining a child’s best interest. OR. REV. STAT. § 107.137

NEGATIVES: 

  • Oregon has no statutory preference for, or presumption of, shared parenting (joint legal custody and shared physical custody) for temporary or final orders.

  • Oregon statutes effectively give one parent a veto over shared parenting. OR. REV. STAT. § 107.169

  • Oregon statutes do not explicitly provide for shared parenting during temporary orders.