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Types of Custody in Portland

While courts prefer to award joint custody when both parents are fit for parenting, there are still times when temporary or sole custody is awarded.  As such, it is important to understand the nature of both sole and temporary child custody orders.

Portland sole custody

When granted sole custody in Portland, the custodial parent has complete child custody privileges and responsibilities, and the noncustodial parent is denied these rights. A parent may be deemed unfit for custody rights because of: 

  • A history of violence or destructive behavior
  • A reasonable chance they will place the child in dangerous situations
  • Mental instability
  • Drug or alcohol abuse

When a court orders sole custody, it may order parenting time or visitation rights to the noncustodial parent. The court may deny parenting time to the noncustodial parent only if it finds that parenting time would endanger the health or safety of the child.

Unless otherwise ordered by the court, the noncustodial parent retains rights to:

  • Inspect and receive school records and to consult with school staff
  • Inspect and receive governmental agency and law enforcement records concerning the child
  • Consult with any person who provides care or treatment for the child and to inspect and receive medical, dental, and psychological records
  • Authorize emergency medical, dental, psychological, psychiatric, or other health care for the child if the custodial parent is, for practical purposes, unavailable
  • Apply to be the child's conservator, guardian ad litem, or both

Temporary child custody in Portland

Temporary custody agreements and temporary custody orders are often common immediately after a divorce or while a couple is in the midst of divorcing. What is in the best interest of the child during this initial period may not be the best for the child after the divorce.

Once a divorce is filed, either spouse can ask for temporary orders pertaining to temporary custody in Portland, as well as for temporary child support, alimony, control of the marital residence, and other property such as cars.

Get help with custody in Portland

Temporary child custody, sole custody, and joint custody are complex issues that are best understood with the assistance of a skilled family law attorney. If you have questions about child custody, contact Gearing, Rackner & Engel, LLP for an initial consultation and allow us to protect your rights and provide for the safety and comfort of your family.

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