Do the courts try to award custody to one of the biological parents whenever possible?

By Laura Schantz
October 11, 2016

Yes, they do. The biological parents have strong rights; they’re presumed to be acting in the best interest of the child – and actually it’s the legal parent, not necessarily the biological parent. A legal parent is the parent by adoption or biology. They’re exactly the same, but the legal parent has the right to act in the best interest of their child. Even if a third party is a much better so-called parent, the law really states that legal parent – as long as they’re a minimally adequate parent – is going to always have primary custody rights and rights to make decisions about who has visitation with their children.


Laura Schantz, a Beaverton divorce and family lawyer and mediator has helped clients find creative solutions to complex financial matters involving asset division, spousal support, and child support. To learn more about Laura Schantz and her firm, visit www.oregondivorceattorney.com.

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October 11, 2016
Categories:  FAQs

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