Unlike some states, in absence of an agreement as to joint legal custody, an Oregon court must award sole custody to one party. Legal custody is the right to make major decisions such as selection of medical care, doctors, schools or counseling for a child. If the parties cannot agree as to legal custody, the court can order an investigation, referred to commonly as a custody or parenting evaluation. We walk you through this process and help select an evaluator who is suitable for your case, and supply the evaluator with necessary documents to be able to conduct an informed investigation.
Custody is modifiable post-dissolution. Different standards of proof are required to modify joint legal custody than for sole custody. If a party moves a significant distance post divorce, this may require a change of legal or physical custody of a child. A temporary restraining order may be required to prevent a party from leaving the state with a child pending a motion for change of custody due to a move.