Child Custody in Oregon

Overview of Oregon Custody Law

Oregon custody law is governed primarily by ORS Chapter 107. The state uses the standard terminology of legal custody (decision-making authority) and physical custody (where the child lives). A distinctive feature of Oregon law is that the court cannot order joint custody unless both parents agree to it (ORS 107.169). If the parents cannot agree on joint custody, the court must award sole custody to one parent. This makes Oregon unusual among states that otherwise encourage shared parenting.

All custody decisions are made based on the best interests of the child. Oregon law does not favor either parent on the basis of gender.

Types of Custody in Oregon

Oregon recognizes several custody arrangements:

• Sole legal custody grants one parent the authority to make major decisions about the child’s education, health care, and religious upbringing.
• Sole physical custody means the child primarily lives with one parent, while the other parent has parenting time (visitation).
• Joint custody involves shared decision-making authority and may include shared physical custody, but it is available only when both parents agree. The court cannot impose it over either parent’s objection.

Even when sole custody is awarded, the non-custodial parent typically receives a parenting time schedule that ensures ongoing contact with the child. Oregon courts are committed to preserving the child’s relationship with both parents unless safety concerns dictate otherwise.

Best Interest Factors

Under ORS 107.137, the court considers the following factors when determining the child’s best interests:

• The emotional ties between the child and family members
• The interest of the parents in and attitude toward the child
• The desirability of continuing an existing relationship
• Whether one parent has committed abuse against the other parent
• A preference for the primary caregiver of the child, if that parent is deemed fit
• The willingness and ability of each parent to facilitate a close and continuing relationship between the other parent and the child
• Whether a parent has engaged in a pattern of abuse or sexual assault
• The child’s wishes, with due consideration given to the child’s age and maturity

Oregon law places significant emphasis on the primary caregiver factor, which can favor the parent who has historically handled the majority of day-to-day parenting responsibilities. For a deeper exploration of how custody decisions are made, see our guide on child custody laws explained.

Child’s Preference

Oregon does not set a specific statutory age at which a child may choose which parent to live with. The court may consider the child’s wishes, giving appropriate weight to the child’s maturity and understanding of the situation. Older children’s preferences tend to carry more influence, but the child’s stated preference is only one factor among many and is never dispositive.

Parenting Plans

Oregon requires a parenting plan in custody cases. The parenting plan outlines the schedule for the child’s time with each parent, holiday and vacation arrangements, decision-making procedures, and methods for resolving future parenting disputes. Courts expect parenting plans to be specific and detailed. A well-crafted parenting plan reduces future conflict by addressing foreseeable issues in advance.

Mediation Requirements

Oregon law requires mandatory mediation for custody and parenting time disputes (ORS 107.179). Before a contested custody case can proceed to trial, the court must refer the parties to mediation. The mediator helps the parents develop a parenting plan that serves the child’s best interests. Mediation is not required in cases involving domestic violence, and either party can request an exemption if mediation would be unsafe or inappropriate.

Many Oregon counties have robust court-connected mediation programs. Mediation often produces better outcomes than litigation because it allows parents to craft arrangements tailored to their family’s specific needs.

Relocation Rules

Under ORS 107.159, a custodial parent must provide the non-custodial parent with at least 30 days written notice before relocating to a new residence. If the non-custodial parent objects, the court will determine whether the relocation is in the child’s best interest. The court considers the reasons for the move, the impact on the child’s relationship with the non-custodial parent, and whether a modified parenting plan can preserve meaningful contact.

A parent who relocates without proper notice risks contempt proceedings and may face an adverse modification of the custody order. The 30-day notice requirement applies regardless of the distance of the move.

Modification of Custody Orders

Either parent may seek a modification of an existing custody order by filing a motion with the court. Under ORS 107.135, the court will modify custody only if a change in circumstances has occurred since the original order and the modification is in the child’s best interest. Oregon courts are cautious about modifying custody arrangements to protect the child’s stability, and the burden of proof falls on the parent requesting the change.

Common grounds for modification include a parent’s relocation, a substantial change in the child’s needs, evidence of abuse or neglect, or a significant change in a parent’s living situation.

Steps Parents Can Take

Parents preparing for a custody case in Oregon should understand the state’s unique rule that joint custody requires mutual agreement. If your goal is shared decision-making, working toward a cooperative arrangement with the other parent is essential. Documenting your involvement in the child’s daily life, maintaining respectful communication with the other parent, and being prepared for mandatory mediation are all important steps.

For guidance specific to your situation, consider requesting a free consultation with an Oregon family law attorney experienced in custody matters.