(1) An individual has custody of an Indian child under ORS 419B.600 to 419B.654 if the individual has physical custody or legal custody of the Indian child under any applicable tribal law, tribal custom or state law.\n(2) An Indian child’s parent has continued custody of the Indian child under ORS 419B.600 to 419B.654 if the parent currently has, or previously had, custody of the Indian child.\n(3) For purposes of ORS 419B.600 to 419B.654, the following individuals are presumed to have continued custody of an Indian child:\n(a) The Indian child’s biological mother.\n(b) A man who is married to the Indian child’s biological mother.\n(c) A man whose parentage has been acknowledged or established as described in ORS 419B.609. [2020 s.s.1 c.14 §3; 2021 c.398 §48]\nNote:\nSee note under 419B.600.
Oregon Legal Code