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Child Custody and Parenting Time in Oregon

  • Court order: A written document, signed by a judge, that is part of a court case. A court order creates rules and responsibilities for the people involved in a court case.  
  • Legal Custody: A decision from a court about who makes important decisions for a child, including healthcare, education, and religion. Legal custody is not about how much time a parent spends with a child or where the child lives—that is what parenting time is about.   
  • Parenting time: The time a child is with each parent. It used to be called “visitation.” Parents can agree on a parenting time schedule, or a judge can decide if they can't agree. Oregon law says that a child should have regular contact with both parents as long as their parents are safe and act in the child’s best interests. 
  • Parenting plan: A document that includes the parenting time schedule and other rules for how parents must co-parent. Parenting plans can be detailed or general, but they must include a minimum amount of parenting time for both parents. No two parenting plans are the same. 
  • Joint custody: A custody arrangement where both parents share decision-making about the child. A judge can only order joint custody if the parents agree to share custody. 
  • Sole custody: A custody arrangement where only one parent has the right to make decisions about the child’s school, religion, health care, etc. The parent with legal custody does not decide how often the child sees the other parent or if the child should move far away from the other parent. 
  • Legal parent: A person who the government recognizes as a legal parent. You don’t have to go through a court case to be a legal parent—many parents are automatically the legal parents to their children:  
    • Married parents: You’re automatically a legal parent to any children born to you or your spouse during your marriage or within 300 days after you get divorced (even if the child isn’t biologically yours).    
    • Unmarried mothers: You’re automatically a legal parent to any child you give birth to (unless you’re a surrogate).  
    • Unmarried fathers: You’re a legal parent if your name is on your child’s birth certificate, you sign an official form saying you are the father, or if you have a court or agency order that says you’re the legal father.

Legal custody is about which parent gets to make important decisions for their child. It is not about when parents get to see their child. Parenting time is the schedule when parents get to see their kids. A parenting plan is a document that includes the parenting time schedule and other rules for how the parents will co-parent. 

If you ask a court for custody, you will also get a parenting time schedule and a parenting plan. You can agree on these things, or if you don't agree, a judge will decide for you.   

Any of these people can ask the court to give them legal custody of a minor child (under 18):  

  • Married parents: Parents who are married but getting divorced or legally separated.  
  • Unmarried parents: Parents who are not married but are the legal parents of a child. (For more information on how to become a legal parent, go here.) 
  • Non-parents: A person who has been living with a child and acting like a parent to a child for six months or longer (this includes stepparents, relatives, or other people). But, if you are a non-parent wanting legal custody, you should get legal help. It is not easy to get custody of someone else's child.  

At the end of your court case, you will have a court order that says:   

  1. Which parent makes important decisions for your child;  
  2. When each parent sees the child;  
  3. Rules for co-parenting; 
  4. Which parent will get child support; and  
  5. Which parent will pay child support. 

If you're married to the other parent, your final court order will also say: 

  1. How your property will be split up,
  2. How your debts will be paid, and
  3. If one spouse must pay the other spouse spousal support.

Once you have a court order:  

  1. Both parents must follow the order, unless they agree to a change, or they go back to court and a judge changes the order; and  
  2. You can ask the court for help if the other parent doesn’t follow your court order.  

No. There are rules for how long parents and children must live in Oregon before they can start a custody case here:  

Unmarried parents: You must meet two residency requirements:  

  1. Child residence requirement: In most cases, your child must have lived in Oregon for six months before you can start a case in Oregon.    
  2. Parent residence requirement: At least one parent must be living in Oregon. (There is no rule for how long—it could be as little as one day.) 

Married parents: You must meet two residency requirements: 

  1. Child residence requirement: In most cases, your child must have lived in Oregon for six months before you can start a case in Oregon.  
  2. Parent residence requirement: At least one parent must be living in Oregon, and either:   
    • The parent in Oregon has lived in Oregon for six months, or 
    • You were married in Oregon.  

If you need to get legal custody of your child quickly, but don't meet the residency requirements above, talk to a lawyer. You may have options for getting legal custody sooner. But you will need a lawyer to help you.   

You must go through a court case. You can start a court case by turning in court papers at the circuit court in the county where you or the other parent live. But turning in court papers is just the first step! 

  • If you are married to your other parent, you must start a divorce or legal separation case to get custody. Go here to learn more about divorce cases and legal separation cases. 
  • If you are not married to your other parent, you must start a custody case to get legal custody. You can find the paperwork to start a custody case on Oregon's state court website. 

To start a divorce or custody case, you also must pay a filing fee of $301. If you can't afford this fee, you can ask the court to waive the fee or let you pay it later. 

If you want to get custody of someone else’s child, you should get legal help. This type of case is complicated and there are no free court forms available.

If you get handed court papers involving custody and parenting time for your child, read the papers carefully. A request for legal custody can be part of a divorce case or part of a custody case (if you aren’t married to the other parent).  

You must act quickly if you disagree with anything the other parent is asking for. You will need to turn in a court form called a Response within 30 days of the date you get a copy of the court papers. You will also need to pay a filing fee of $301. If you can't afford this fee, you can ask the court to waive the fee or let you pay it later.  

  • If you’re not married to the other parent, you can use this packet of forms from Oregon's state court website.    
  • If you are married to the other parent, you can use this packet of forms from Oregon's state court website. 

No. You do not have to have a lawyer to get custody. Many people go through custody and divorce cases without a lawyer. Oregon's state court website has free court forms you can use. 

But, if you have any questions about your case, you should find legal help. The Referral Database can provide you with information about where to find free or low-cost legal help with your case. 

If you need help leaving an unsafe situation, you can: 

You can also consider whether a restraining order is right for you. You can find more information about restraining orders here. 

  • If you both agree on everything: It can take one to two months. You and the other parent can file court papers together. You will then need to wait for a judge to review them and finalize them.  
  • If the other parent ignores your case: It can take one to two months. But you must file extra paperwork with the court. A judge will review this paperwork and if everything is correct, a judge will sign your paperwork and your case is finished.  
  • If you can’t agree: It can take six months to more than a year. You and the other parent will need to go through a lengthy court process. There are many steps in this process.    

These are estimates, and the timeline can vary depending on your case and your local circuit court.  

It can also take longer to get legal custody if you use the wrong forms or fill out your forms incorrectly. If you need help with court forms, visit the Referral Database to find legal help.   

No. Anyone can file for custody if they are a legal parent and they have lived in Oregon long enough to file in Oregon.

You are in the best position to come up with a schedule and parenting plan that works for your family’s schedules, activities, and the ages of the children. To create your own plan, you can use the parenting plan templates and guides on Oregon’s state court website:  

If you and the other parent can’t agree on a plan on your own, you can also work with a court mediator who will try to help you and the other parent come up with a plan that will fit your needs. (See the next question for information on mediation).

Most courts provide mediation services for parents going through custody and divorce cases. Mediation is a meeting where you and the other parent talk with an independent person, called a mediator. A mediator can help you make agreements about your children. A mediator can’t force you to agree. If mediation is successful, there are still extra steps to finish your custody case.  

In Oregon, you must try to use mediation (if your court provides this service) to work out your disagreements. But if it’s not safe for you to mediate with the other parent, you can ask the court to waive this requirement using the Motion to Waive or Order Mediation forms from Oregon's state court website. 

You will have to have a court trial. A trial is a formal meeting with a judge, the other parent, and you. You and the other parent can present evidence to convince a judge who should get custody and what parenting plan is best for your children.  

If you have a trial scheduled, read the Divorce and Custody Trials in Oregon booklet written by Oregon’s state courts to learn how to get ready for trial and what to expect.

In Oregon, parents have to take a short parenting class when they go through a court case involving their children. Parents can’t have a judge decide their disagreements until they take the class and turn in their certificate of completion to the court. 

You can find information about the parenting classes available in each county, here. 

At a trial, a judge will decide which parent gets custody by considering:    

  1. Which parent cares for the child most of the time;  
  2. The child's relationship with other family members (for example, stepparents and stepsiblings, grandparents, etc.); 
  3. Each parent’s connection with, and attitude toward the child;  
  4. Each parent’s efforts to support the child’s relationship with the other parent; 
  5. Whether the child has other important relationships that will be continued by giving custody to one parent over the other; and  
  6. Whether one parent was physically abusive to the other parent. 

A judge cannot give custody to a parent just because the parent is the mother or father of the child.  

Also, the judge cannot consider a parent’s behavior, marital status, income, or lifestyle unless those factors are likely to cause harm to the child.  

Domestic violence cases: If the other parent was physically abusive to you, it is much harder for that parent to get legal custody. A judge also can’t fault a parent who was abused for not trying to support their child’s relationship with the other parent. 

At your trial, the judge will listen to information about your family. The judge will often ask both parents what schedule they think is best for the children. Then, the judge will come up with a plan that they believe is best for your child. A judge will look at the same factors listed in the last question.  

If the parents have already been separated for a while, the judge may try to keep the child’s routine the same. Judges do not like to change the living situation of a child who is doing well. 

Parents have a right to spend time with their child unless a child will be harmed by spending time with a parent.  

Domestic violence cases: If the other parent was physically abusive to you, the judge must create a parenting time schedule and parenting plan that will help you stay safe. For example, your plan could include exchanging your child in public places. It could also include rules that the other parent not contact you.  

No. A judge cannot consider any personal characteristic unless it causes your child physical or emotional harm.

If the other parent is not a safe parent, for example because of drinking, drugs, violence, or other serious issues, a judge can create a safety-focused parenting plan. A safety-focused parenting plan contains extra rules for the unsafe parent to follow to keep the child safe, while still allowing contact between the parent and child.  

For example, a safety-focused parenting plan can require:  

  • Special drop-off and pick-up arrangements; 
  • That one or both parents may not use alcohol or abuse drugs; or  
  • That the parents must use proper car seats.  

If a parent can’t safely care for their child alone, a parenting plan can require another adult to supervise the visit. For more information about safety-focused parenting plans, look at the Safety Focused Parenting Plan Guide from Oregon’s state courts.  

If there are extreme safety concerns, or a child has had no relationship with a parent who has been absent for a long time, a judge can say that parent can't see their child. This doesn’t happen often.  

No. But a judge may take a child’s preference into consideration, while also considering the child’s age and reasons for the preference. In Oregon, there is no age at which a child can decide who to live with. 

For example, a judge won’t approve a parenting plan that says, “The child can choose when they want to see Parent B.”  

Usually, no. But if a relative, stepparent, or foster parent has been raising your child and acting like a parent to your child, that person can ask the court for legal custody. A judge can only give custody to a non-parent if they have very good reasons not to give you or the other parent custody.   

If a non-parent asks for custody of your child, you should get legal help as soon as possible. These cases are very complicated. 

If you have questions about your rights, read through your judgment and parenting plan. A judgment is a type of court order that you get at the end of your court case. Your parenting plan is part of this document. These documents lay out your rights.  

  • If you're the parent with custody (custodial parent): You almost always have the right to make healthcare, education, and religious decisions for your child—unless your court papers say otherwise. If you share custody, you have to make these decisions with your other custodial parent. 
  • If you didn't get custody of your child (non-custodial parent): You still have rights. See the next question for more information. 

For more information on the rights of custodial and non-custodial parents, go here. For more information on what to do if the other parent doesn't follow your judgment, go here. 

Yes. Unless a court says otherwise, you still have the right to:  

  1. Have regular parenting time with your children according to the schedule in your court order;   
  2. Make day-to-day parenting decisions when your child is with you;   
  3. Make emergency medical decisions for your child when they’re with you;   
  4. Get information from your child’s school about how your child is doing in school;   
  5. Get copies of your child’s government and law enforcement records;    
  6. Get medical information from your child’s medical providers; and   
  7. Ask the court for help if the other parent isn’t following the parenting time schedule or your parenting plan.   

For more information on the rights of parents, go here. 

Unless your custody order says something different, parents must:  

  1. Share their contact addresses and telephone numbers; 
  2. Immediately tell the other parent of a medical or other emergency involving the child; and 
  3. Give the other parent reasonable notice if they are moving more than 60 miles farther away from the other parent.  

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