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N Cal Attorney
N Cal Attorney, Attorney
Category: Family Law
Satisfied Customers: 10117
Experience:  since 1983
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I have a friend that is a Disabled adult child. she has a

Customer Question

I have a friend that is a Disabled adult child. she has a son and she is worried if she devorces her husband that the state will take her son. or won't let her have custidy because she is casidered a Disabled Adult Child. Is that true that the state will/could do that?
Submitted: 8 months ago.
Category: Family Law
Expert:  N Cal Attorney replied 8 months ago.

Thank you for your question.

Is she able to care for her son?

Customer: replied 8 months ago.
she is. She can take care of him really well
Expert:  N Cal Attorney replied 8 months ago.

Thank you.

There will not be any issue as to the State trying to take custody of her son.

"In determining custody of a minor child under ORS 107.105 or 107.135, the court shall give primary consideration to the best interests and welfare of the child. In determining the best interests and welfare of the child, the court shall consider the following relevant factors: (a) The emotional ties between the child and other family members; (b) The interest of the parties in and attitude toward the child; (c) The desirability of continuing an existing relationship; (d) The abuse of one parent by the other; (e) The preference for the primary caregiver of the child, if the caregiver is deemed fit by the court; and (f) The willingness and ability of each parent to facilitate and encourage a close and continuing relationship between the other parent and the child."

from

http://www.divorcesource.com/ds/oregon/oregon-divorce-laws-711.shtml

I hope this information is helpful.