Child Custody Attorney in Salem 

Establishing a clear parenting plan for your children is one of the most emotional parts of family law. When you are also navigating your legal standing in the United States, whether you are a green card holder, a U-visa applicant, or seeking safety through VAWA, the stakes feel even higher.

Since 2009, Affordable Immigration has guided hundreds of individuals, families, and survivors of violence through complex legal transitions across Oregon and the Pacific Northwest. We recognized that our community needed accessible, low-cost family law services that speak directly to the reality of immigrant households. 

Let’s talk about what’s best for your family. Reach out to us at (971) 308-5892 or fill out our online form. We’ll help you understand your options under Oregon law. Se habla español.

How Custody Orders Can Impact Your Immigration Status

Standard family law guidance often overlooks how decisions made in an Oregon court can affect your federal immigration standing. Because our foundation is built on decades of practice in U.S. immigration law, we handle your custody agreement with a clear focus on protecting your status and your family's future.

• VAWA applicants and domestic violence survivors: If you are applying for status independently under the Violence Against Women Act (VAWA), having a formal custody order is critical. We help you secure clear parenting rights and safety protections in local court, making sure state court documents align smoothly with your federal VAWA application.
• International travel and passport authorizations: Visiting family in your home country requires specific language in your custody agreement. We draft practical travel clauses that prevent an ex-partner from unfairly withholding a child's passport or blocking visits home, while also including clear protections against unauthorized international relocation.
• Child support, public benefits and sponsorship duties: In Oregon, child support calculations depend on income and parenting time. We explain how receiving support or public assistance impacts your household budget without jeopardizing federal Affidavit of Support (Form I-864) obligations or triggering public charge concern

What Parents Need to Know About Oregon Custody

1. Legal Custody vs. Parenting Time

• Legal custody. Refers strictly to major decision-making power for healthcare, school, and religion.
• Parenting time. Refers to the actual daily living calendar and overnight schedule.

Sole legal custody does not mean one parent gets all the physical time. A parent can hold sole decision-making authority while both parents share an equal 50/50 parenting calendar.

2. How Joint Custody Works Under Oregon Law

Under Oregon law (ORS 107.169), a judge cannot order joint legal custody unless both parents explicitly agree to it in open court. If one parent says no, the court must grant sole legal custody to one parent, though both parents still receive a structured parenting time schedule. 

3. How Judges Evaluate "Best Interests"

Under ORS 107.137, Oregon courts decide custody based strictly on the child's best interests, not parental preference or gender. Civil family courts do not enforce federal immigration laws, and citizenship status does not strip away parental rights. 

Judges focus on:

• Who serves as the primary caregiver. 
• The emotional bond with each parent. 
• Each parent's willingness to foster a healthy relationship with the co-parent. 
• Any history of domestic violence or safety concerns.