Custody & Parenting Time

If parents cannot agree, the court determines custody based on the best interests of the child. Among the considerations are:

• The emotional ties between the child and each parent
• Each parent's interest in and attitude toward the child
• The desirability of continuing existing relationships
• Any history of abuse between the parents
• Whether one parent has served as the child's primary caregiver
• Each parent's willingness and ability to encourage a healthy relationship between the child and the other parent, unless abuse makes such contact inappropriate

Joint custody means that both parents share decision-making responsibilities regarding major aspects of the child’s life, such as education, healthcare, and religion. Sole custody grants one parent the right to make these decisions, but the other parent will likely still have parenting time, during which they get to make decisions about how the child conducts their day-to-day life.

No. Oregon law does not give preference to either parent based on gender. Both mothers and fathers begin on equal legal footing. Instead, courts focus on the facts of the particular case and the child's best interests.

Yes. Oregon custody law does not favor mothers over fathers. Courts decide custody based on the child’s best interests. A father may receive sole custody when the court determines that it is best for the child.

A judge cannot order joint custody unless both parents agree to it. If either parent objects to joint custody, the court must instead award sole custody to one parent after considering the child's best interests.

A parenting plan is a legally enforceable document that establishes how separated or divorced parents will share responsibilities for raising their children. In Oregon, parenting plans are required whenever the court awards custody or parenting time.

Not by themselves. Oregon does not set an age at which a child can decide which parent to live with. A judge may consider the child’s wishes, giving greater weight to the views of an older or more mature child, but the final decision is based on the child’s best interests.

A parenting plan is a court order. If one parent repeatedly interferes with parenting time, Oregon law provides mechanisms for enforcement. Depending on the circumstances, the court may:

• Order make-up parenting time
• Award attorney fees in appropriate cases
• Modify the parenting plan
• Impose additional remedies authorized under Oregon law

Yes. Custodial orders are not necessarily permanent. However, modifying custody is generally more difficult than modifying parenting time.

Examples of a substantial change in circumstances may include: 

• Serious substance abuse
• Domestic violence
• Significant mental health deterioration
• Chronic neglect
• Exposure to dangerous living conditions
• Other changes materially affecting the custodial parent's ability to care for the child

A parent’s move may require changes to the parenting plan, especially if the relocation affects school, transportation, or the other parent’s time with the child. Oregon custody orders generally require parents to give notice before moving more than 60 miles farther from the other parent. The court may modify custody or parenting time based on the child’s best interests.

Possibly. A grandparent may ask an Oregon court for visitation if the grandparent has an ongoing personal relationship with the child under ORS 109.119. However, the grandparent must overcome the legal presumption that a fit parent acts in the child’s best interests. Grandparents do not receive visitation automatically.

Tell your attorney promptly and document specific safety concerns. Depending on the circumstances, the court may order supervised parenting time, restricted exchanges, substance-use conditions, or other protections. Emergency relief may be available when a child faces an immediate risk of harm

Many Oregon courts require parents to attempt mediation when custody or parenting time is disputed. Requirements vary by county, and mediation may be waived or considered inappropriate when domestic violence or serious safety concerns are involved. If mediation does not resolve the dispute, a judge will decide the issues

If parents cannot agree, the court determines custody based on the best interests of the child. Among the considerations are:

• The emotional ties between the child and each parent
• Each parent's interest in and attitude toward the child
• The desirability of continuing existing relationships
• Any history of abuse between the parents
• Whether one parent has served as the child's primary caregiver
• Each parent's willingness and ability to encourage a healthy relationship between the child and the other parent, unless abuse makes such contact inappropriate

Joint custody means that both parents share decision-making responsibilities regarding major aspects of the child’s life, such as education, healthcare, and religion. Sole custody grants one parent the right to make these decisions, but the other parent will likely still have parenting time, during which they get to make decisions about how the child conducts their day-to-day life.

No. Oregon law does not give preference to either parent based on gender. Both mothers and fathers begin on equal legal footing. Instead, courts focus on the facts of the particular case and the child's best interests.

Yes. Oregon custody law does not favor mothers over fathers. Courts decide custody based on the child’s best interests. A father may receive sole custody when the court determines that it is best for the child.

A judge cannot order joint custody unless both parents agree to it. If either parent objects to joint custody, the court must instead award sole custody to one parent after considering the child's best interests.

A parenting plan is a legally enforceable document that establishes how separated or divorced parents will share responsibilities for raising their children. In Oregon, parenting plans are required whenever the court awards custody or parenting time.

Not by themselves. Oregon does not set an age at which a child can decide which parent to live with. A judge may consider the child’s wishes, giving greater weight to the views of an older or more mature child, but the final decision is based on the child’s best interests.

A parenting plan is a court order. If one parent repeatedly interferes with parenting time, Oregon law provides mechanisms for enforcement. Depending on the circumstances, the court may:

• Order make-up parenting time
• Award attorney fees in appropriate cases
• Modify the parenting plan
• Impose additional remedies authorized under Oregon law

Yes. Custodial orders are not necessarily permanent. However, modifying custody is generally more difficult than modifying parenting time.

Examples of a substantial change in circumstances may include: 

• Serious substance abuse
• Domestic violence
• Significant mental health deterioration
• Chronic neglect
• Exposure to dangerous living conditions
• Other changes materially affecting the custodial parent's ability to care for the child

A parent’s move may require changes to the parenting plan, especially if the relocation affects school, transportation, or the other parent’s time with the child. Oregon custody orders generally require parents to give notice before moving more than 60 miles farther from the other parent. The court may modify custody or parenting time based on the child’s best interests.

Possibly. A grandparent may ask an Oregon court for visitation if the grandparent has an ongoing personal relationship with the child under ORS 109.119. However, the grandparent must overcome the legal presumption that a fit parent acts in the child’s best interests. Grandparents do not receive visitation automatically.

Tell your attorney promptly and document specific safety concerns. Depending on the circumstances, the court may order supervised parenting time, restricted exchanges, substance-use conditions, or other protections. Emergency relief may be available when a child faces an immediate risk of harm

Many Oregon courts require parents to attempt mediation when custody or parenting time is disputed. Requirements vary by county, and mediation may be waived or considered inappropriate when domestic violence or serious safety concerns are involved. If mediation does not resolve the dispute, a judge will decide the issues