Child Custody and Support For Unmarried Parents

We talk a lot about divorce and child custody. The two often go hand in hand, but not always.

You might be surprised to learn that about 1/3 of our family law cases are for unmarried parents, and one question we commonly hear is, “Are my rights the same as married parents?"

The short answer is: in Oregon, custody laws for unmarried parents are the same as for married couples. Of course, there’s more to it than that, but at a basic level, there you go.

HOWEVER, fathers don’t have legal rights unless they first establish paternity.

Once you establish paternity, however, fathers and mothers have equal legal standing.

Related Reading: Establishing Paternity

There is, however, one key way custody differs for unmarried parents.

Unlike divorce, the court doesn’t automatically rule on custody and visitation. Unmarried parents must either agree on their own or pursue legal action to settle the situation.

When making these rulings, the courts consider the same factors for married and unmarried parents, as in most other custody cases. The parent who provides the most stable environment usually has the edge. Things like a parent’s relationship with the child, proximity to school, and other factors also carry weight.

Many judges also remain reluctant to shake up a child’s established routine. As a result, if they can keep a child in the same school or home, those factors often influence a ruling.

Related Reading: What Happens When the Court Appoints a Guardian Ad Litem?

The court most often awards child support to the parent with the most overnights under the parenting plan and to the parent who cares for the child most of the time.

While child custody varies from case to case, child support in Oregon follows a rigid formula.

You plug all of the relevant information into a formula, and it gives you a number. The most common factors to determine child support are the incomes of both parents, parenting time, and, in particular, overnights, health insurance, support for other children, and daycare. 

In the end, the best interests of the child ALWAYS take precedence over all other concerns.

Related Reading: Oregon Custody Factors: The Best Interest Of The Child