(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 109.230, or if parentage is established by the filing of a voluntary acknowledgment of paternity as provided by ORS § 109.065 (1)(e), 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 paternity, 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.

Ask a legal question, get an answer ASAP!
Click here to chat with a lawyer about your rights.

(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). [1983 c.761 § 11; 1985 c.671 § 42; 1995 c.608 § 4; 1999 c.59 § 25; 1999 c.569 § 8; 2001 c.833 § 3; 2005 c.160 15,21; 2017 c.651 § 25]

[Repealed by 1969 c.619 § 15]

[Amended by 1961 c.338 § 3; repealed by 1969 c.619 § 15]

[Amended by 1961 c.338 § 4; repealed by 1969 c.619 § 15]

[Repealed by 1969 c.619 § 15]

[Amended by 1961 c.338 § 5; 1969 c.619 § 12; repealed by 1979 c.87 § 1]