Bill Text: OR SB334 | 2011 | Regular Session | Introduced

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Bill Title: Relating to joint custody orders.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Failed) 2011-06-30 - In committee upon adjournment. [SB334 Detail]

Download: Oregon-2011-SB334-Introduced.html

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     76th OREGON LEGISLATIVE ASSEMBLY--2011 Regular Session

NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .

LC 3014

                         Senate Bill 334

Sponsored by Senator HASS; Representative READ (Presession
  filed.)

                             SUMMARY

The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.

  Allows court to order joint custody upon finding by court that
joint custody is in best interests of child.
  Provides that enactment of legislation constitutes substantial
change of circumstances for purposes of modification of custody
order or judgment.

                        A BILL FOR AN ACT
Relating to joint custody orders; creating new provisions; and
  amending ORS 107.169 and 107.179.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 107.169 is amended to read:
  107.169. (1) As used in this chapter, 'joint custody' means an
arrangement by which parents share rights and responsibilities
for major decisions concerning the child, including, but not
limited to, the child's residence, education, health care and
religious training. An order providing for joint custody may
specify one home as the primary residence of the child and
designate one parent to have sole power to make decisions about
specific matters while both parents retain equal rights and
responsibilities for other decisions.
  (2) The existence of an order of joint custody   { - shall - }
 { + may + } not, by itself, determine the responsibility of each
parent to provide for the support of the child.
  (3) The court   { - shall not - }  { +  may + } order joint
custody { +  taking into consideration the factors in ORS
107.137 + },   { - unless - }  { +  even if + } both parents
 { + do not + } agree to the terms and conditions of the
order { + , + }  { +  if the court finds that joint custody is in
the best interests of the child + }.
  (4)   { - When - }  { +  If + } parents have agreed to joint
custody in an order or a judgment, the court may not overrule
that agreement by ordering sole custody to one parent.
  (5) Modification of a joint custody order shall require showing
of changed circumstances and a showing that the modification is
in the best interests of the child such as would support
modification of a sole custody order. Inability or unwillingness
to continue to cooperate shall constitute a change of
circumstances sufficient to modify a joint custody order.
  (6)(a) The inability of a parent to comply with the terms and
conditions of a joint custody order due to the parent's temporary
absence does not constitute a change of circumstances if the
parent's temporary absence is caused by the parent being:
  (A) Called into active state duty as defined in ORS 398.002; or
  (B) Called into active federal service under Title 10 of the
United States Code as a member of the Oregon National Guard.
  (b) As used in this subsection, 'temporary absence' means a
period not exceeding 30 consecutive months.
  SECTION 2. ORS 107.179 is amended to read:
  107.179. (1) When either party to a child custody issue, other
than one involving temporary custody, whether the issue arises
from a case of marital annulment, dissolution or separation, or
from a determination of paternity, requests the court to grant
joint custody of the minor children of the parties under ORS
107.105, the court, if the other party objects to the request for
joint custody, shall proceed under this section. The request
under this subsection must be made, in the petition or the
response, or otherwise not less than 30 days before the date of
trial in the case, except for good cause shown. The court in such
circumstances, except as provided in subsection (3) of this
section, shall direct the parties to participate in mediation in
an effort to resolve their differences concerning custody. The
court may order such participation in mediation within a
mediation program established by the court or as conducted by any
mediator approved by the court. Unless the court or the county
provides a mediation service available to the parties, the court
may order that the costs of the mediation be paid by one or both
of the parties, as the court finds equitable upon consideration
of the relative ability of the parties to pay those costs. If,
after 90 days, the parties do not arrive at a resolution of their
differences, the court shall proceed to determine custody.
  (2) At its discretion, the court may:
  (a) Order mediation under this section prior to trial and
postpone trial of the case pending the outcome of the mediation,
in which case the issue of custody shall be tried only upon
failure to resolve the issue of custody by mediation;
  (b) Order mediation under this section prior to trial and
proceed to try the case as to issues other than custody while the
parties are at the same time engaged in the mediation, in which
case the issue of custody shall be tried separately upon failure
to resolve the issue of custody by mediation; or
  (c) Complete the trial of the case on all issues and order
mediation under this section upon the conclusion of the trial,
postponing entry of the judgment pending outcome of the
mediation, in which case the court may enter a limited judgment
as to issues other than custody upon completion of the trial or
may postpone entry of any judgment until the expiration of the
mediation period or agreement of the parties as to custody.
  (3) If either party objects to mediation on the grounds that to
participate in mediation would subject the party to severe
emotional distress and moves the court to waive mediation, the
court shall hold a hearing on the motion. If the court finds it
likely that participation in mediation will subject the party to
severe emotional distress, the court may waive the requirement of
mediation.
  (4) Communications made by or to a mediator or between parties
as a part of mediation ordered under this section are privileged
and are not admissible as evidence in any civil or criminal
proceeding.
   { +  (5) If the parties are unable to resolve their
differences concerning custody after participating in mediation
under this section, the court may order joint custody if the
court finds that joint custody is in the best interests of the
child. + }
  SECTION 3.  { + For a custody order or judgment that was
entered or modified before the effective date of this 2011 Act,
the amendments to ORS 107.169 and 107.179 by sections 1 and 2 of
this 2011 Act constitute a substantial change of circumstances
that was not contemplated at the time the order or judgment was
entered or modified. + }
  SECTION 4.  { + The amendments to ORS 107.169 and 107.179 by
sections 1 and 2 of this 2011 Act apply to custody proceedings
commenced on or after the effective date of this 2011 Act. + }
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