Oregon Code § 109.161·Enacted ·Last updated March 01, 2026
Statute Text
Determination
of legal custody after parentage established.
(1) If parentage of a child born out of wedlock is
established pursuant to a petition filed under ORS 109.125 or an order or
judgment entered pursuant to ORS 25.501 to 25.556 or 109.124 to 109.171, or if
parentage is established by the filing of a voluntary acknowledgment of
parentage as provided by ORS 109.065 (5), the parent with physical custody at
the time of filing of the petition or the notice under ORS 25.511, or the
parent with physical custody at the time of the filing of the voluntary
acknowledgment of parentage, has sole legal custody until a court specifically
orders otherwise. The first time the court determines who should have legal
custody, neither parent shall have the burden of proving a change of
circumstances. The court shall give primary consideration to the best interests
and welfare of the child and shall consider all the standards set out in ORS
107.137.
(2) In any
proceeding under this section, the court may cause an investigation,
examination or evaluation to be made under ORS 107.425 or may appoint an
individual or a panel or may designate a program to assist the court in
creating parenting plans or resolving disputes regarding parenting time and to
assist parents in creating and implementing parenting plans under ORS 107.425
(3). [Formerly 109.175]
Plain English Explanation
This Oregon statute addresses Determination
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Key Points
01Part of Oregon statutory law
02Referenced as Oregon Code § 109.161
03Subject to legislative amendments
04Consult a licensed attorney for application to specific cases
Frequently Asked Questions
This section of Oregon law addresses Determination
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