IN PLAIN ENGLISH
How custody works in Oregon
In an Oregon custody case, the judge's main concern is your child's best interests and welfare. [OR-P1] "Custody" in Oregon means which parent makes major decisions, such as school and health care; it does not set the schedule for when your child is with each parent. [OR-P1, OR-P8] That second part is called parenting time, and it is written into a parenting plan that every case with children must have. [OR-P2, OR-P8]
Joint custody (shared decision-making) only happens if both parents agree to it. [OR-P3] If you do not agree, the judge gives one parent sole custody. [OR-P3, OR-P8] Even then, both parents can have a lot of time with the child, including equal parenting time. [OR-P2, OR-P8]
Oregon has no required statewide schedule. [OR-P4, OR-P5] The state courts publish an optional parenting plan guide and fill-in form, plus sample schedules for parents who live farther apart, which you can use or change. [OR-P4, OR-P5] A general parenting plan still has to state the minimum time the other parent gets. [OR-P2]
If a parent has committed abuse, the law presumes it is not in the child's best interest for that parent to have sole or joint custody. [OR-P1]
Words you’ll see in your papers
- Custody (legal custody)
- In Oregon, the right to make major decisions for your child, such as school, health care and religion. It is not the same as parenting time, which sets when your child is with each parent. [OR-P3, OR-P8]
- Joint custody
- Both parents share major decisions. A judge can order it only if both parents agree. [OR-P3]
- Parenting time
- The schedule of when your child is with each parent. Many people call this visitation. [OR-P8]
- Parenting plan
- The written plan in your court judgment that sets parenting time and how parents share responsibilities. It can be general or detailed. [OR-P2]
- Primary caregiver
- The parent who has done most of the day-to-day care of the child. One factor judges weigh is a preference for this parent, if the judge finds that parent fit. [OR-P1]
COMMON QUESTIONS
What parents in Oregon ask first
Does Oregon start from 50/50?
No. [OR-P1, OR-P2] The judge may order equal parenting time, and if a parent asks for it, the judge can say no only with written findings that equal time is not in the child's best interests or would endanger someone's safety. [OR-P2] Equal time is separate from custody: one parent can have sole custody while both parents share time equally. [OR-P8]
What does the judge look at?
Your child's best interests and welfare. [OR-P1] The law lists: your child's emotional ties to family members; each parent's interest in and attitude toward the child; whether to keep an existing relationship going; abuse of one parent by the other; a preference for the child's primary caregiver if that parent is fit; and each parent's willingness to support a close relationship with the other parent. [OR-P1] No single factor decides the case. [OR-P1] A parent's gender cannot be the reason, and a parent's lifestyle, income or marital status counts only if it is harming or may harm the child. [OR-P1]
Is there a standard schedule?
No required one. [OR-P4, OR-P5] Oregon courts publish a free Basic Parenting Plan guide and form, with planning ideas by age and optional schedules for parents who live farther apart. [OR-P4, OR-P5] Parents can build their own plan, and the judge writes a detailed plan if either parent asks or if the parents cannot agree. [OR-P2] Not every court accepts these state forms, so check with your county court or family law facilitator. [OR-P4]
Does my child get to choose?
No. [OR-P8] In Oregon, children do not get to choose which parent has custody or who they live with, no matter their age. [OR-P8] A judge may listen to what your child wants but does not have to follow it. [OR-P8] The judge can also order an evaluation in which an expert interviews the parents and children. [OR-P6]
Can I move with my child?
Every custody order must say that neither parent may move more than 60 miles farther away from the other parent without giving the other parent reasonable notice and filing a copy of the notice with the court. [OR-P7] A judge can suspend that notice rule for good cause, for example when safety is a concern. [OR-P7] A move can also lead to a request to change the parenting plan. [OR-P9]
Can the order be changed later?
Yes. [OR-P3, OR-P9] To change custody, you generally must show that circumstances have changed and that the change is in your child's best interests. [OR-P3, OR-P9] For joint custody, a parent's inability or unwillingness to keep cooperating counts as a change in circumstances. [OR-P3] The state courts post forms and instructions for asking to change custody or parenting time. [OR-P9]
We were never married. How do we get custody or parenting time?
First, both people must be legal parents. [OR-P10, OR-P11] An unmarried mother who gives birth is a legal parent; an unmarried father becomes one by signing official paperwork such as a voluntary acknowledgment, or through a court or agency case. [OR-P11] Once parentage is established, either parent can start a custody case, and unmarried parents have the same custody and parenting-time rights as married or divorced parents. [OR-P10] Until there is a court order, neither parent has custody, and either parent can make decisions for the child. [OR-P8]
What if there is abuse or domestic violence?
If a parent has committed abuse, the law presumes that parent should not get sole or joint custody. [OR-P1] Under Oregon's Family Abuse Prevention Act, a judge can give the victim temporary custody of the children in a restraining order, with parenting time for the other parent only if it is in the child's best interest. [OR-P12] If the judge did not give the abusive parent parenting time in that order, the protected parent may move more than 60 miles away without notifying the abusive parent, but must still give the court clerk enough information for notices to be sent. [OR-P12] Oregon's domestic violence hotline is 1-888-235-5333. [OR-P8]
Free, official places to start
- Oregon Law Help: Child custody and parenting time in Oregon
A plain-language explainer from the Oregon State Bar's legal help site on custody, parenting time, joint custody and common questions.
- Oregon Judicial Department: Parenting plans
The state courts' page on parenting plans, including safety-focused plans and links to forms.
- Oregon Judicial Department: Basic Parenting Plan guide
Free guide with planning ideas by age, the Basic Parenting Plan form and optional long-distance schedules.
- Oregon Law Help: Parents' rights in Oregon
Explains who counts as a legal parent, including unmarried parents, and what rights each parent has.
LOCAL SPOTLIGHT · PORTLAND
Multnomah County
Multnomah County Circuit Court (Oregon Judicial Department, Fourth Judicial District)
Multnomah County uses the statewide parenting plan forms rather than its own schedule, but it adds local requirements. [OR-P13] In any Multnomah case with children, mediation and a parent education class are required, and a parenting plan must be filed. [OR-P13] The class, "Helping Your Children Cope with Family Change," is run by the county's Family Court Services, is held online, costs $70 with a reduced-fee option, and is required for anyone in a Multnomah family case that decides custody. [OR-P14] The court's page also links local forms, a parenting class waiver form, and the county's New Ways family coaching program. [OR-P13]
- Multnomah County Circuit Court: Divorce (cases with children)
Lists the forms used in Multnomah, the required mediation and parenting class, temporary orders and how to modify a plan.
- Multnomah County Circuit Court: Custody when parents are not married
The court's page for unmarried parents starting a custody and parenting time case in Multnomah County.
- Multnomah County: Parent Education and Other Court Requirements
How to sign up for the required parent education class, the cost, fee waivers and class times.
Other counties in Oregon can have different local rules and forms. Check the court where your case is filed.
THE DETAILED GUIDE · WHAT KIND OF SCHEDULE THE LAW PROVIDES
Optional statewide model
Research overview
Statewide optional age/development and distance models coexist with county standard plans. None is a universal statewide minimum/maximum calendar. [OR1-OR6]
Legal force and applicability
Optional planning model; not an automatic enforceable calendar. Specific agreement/order and scope control.
Authority and geographic scope
Statewide optional age/development and distance models coexist with county standard plans. None is a universal statewide minimum/maximum calendar. [OR1-OR6]
Custody and parenting-time presumptions
ORS107.102 requires a parenting plan. A request for equal time may be denied on written best-interests/safety findings; that is not a prescribed equal-time rotation. [OR6]
Schedule & conditions
Read these topics together with your actual order. A model, form, or presumption does not automatically supply an enforceable calendar.
Regular school-year schedule
Basic form is customizable. Medium-distance model offers alternating Friday 6 pm-Sunday 6 pm weekends at ages 3-6 and 6-16, with specified adjacent-school-day extensions for 6-16; parents can choose other terms. [OR3, OR4]
Holidays and school breaks
Models supply selectable holiday/school-break arrangements. The actual checked/entered provisions and local order determine year parity and priority. [OR3-OR5]
Summer and vacation time
Age-graded distance models offer choices of extended blocks. No statewide mandatory number of summer weeks applies merely from residence in Oregon. [OR4, OR5]
Age and development
State guide uses birth–36 months, 3–5, 6–12 and 13–18 planning groups. The distance attachments use birth–18 months, 18–36 months, 3–6, 6–16 and 16–18, and expressly direct families with differently aged children to follow the youngest child’s schedule. The Basic Plan has separate youngest/oldest selections for some age-specific holidays. These are different optional templates, not automatic legal transitions. [OR2-OR5]
Distance, travel, and relocation
The state guide describes medium distance as 60-180 miles and long distance as more than 180 miles. Attachment 4B says 180 miles or more; Attachment 4A uses the awkward phrase at least 60 and not more than 180 miles or more. Exactly 180 miles is unresolved between these optional source descriptions and requires express model/order selection. County requirements and acceptance must be checked separately; no specific county mileage threshold is certified here. [OR1,OR2,OR4,OR5]
Safety & exceptions
OJD publishes safety-focused alternatives. A basic model may be unsuitable with domestic violence, unsafe contact or supervision needs; local court acceptance varies. [OR1]