Child Custody in Oregon (2026)

Joint Custody Requires Both Parents’ Agreement

The single most important thing parents in Oregon should understand is this: an Oregon court cannot order joint custody unless both parents agree to it. Under ORS 107.169, if either parent objects to joint custody, the court must award sole custody to one parent. This makes Oregon unusual among states and has a profound impact on custody strategy.

If your goal is shared decision-making authority, the path runs through cooperation with the other parent — not through litigation. A parent who wants joint custody in Oregon must work toward a voluntary agreement, often through mediation. A parent who cannot reach agreement should be prepared for the court to award sole custody.

For a deeper look at how Oregon handles parenting arrangements, see our article on custody and parenting plans in Oregon.

Parenting Time vs. Custody

Oregon uses the standard terminology of legal custody (decision-making authority over education, health care, and religious upbringing) and physical custody (where the child lives). The non-custodial parent receives parenting time — Oregon’s term for the time the child spends with that parent.

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.

The Primary Caregiver Preference

Oregon law places significant emphasis on the primary caregiver factor under ORS 107.137. This can favor the parent who has historically handled the majority of day-to-day parenting responsibilities — feeding, bathing, transporting to school, helping with homework, scheduling medical appointments, and similar tasks.

The primary caregiver preference is not a presumption, but it is a weighty factor in the court’s analysis. Parents who have been actively and consistently involved in the child’s daily care are well-positioned under Oregon law, while parents who have been less involved should be prepared to demonstrate their willingness and ability to take on a greater role.

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

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

Mandatory Mediation

Oregon law requires mandatory mediation for custody and parenting time disputes under 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 — and in Oregon, reaching agreement through mediation is the only way to achieve joint custody.

Parenting Plans

Oregon requires a parenting plan in custody cases. The plan must outline:

• The schedule for the child’s time with each parent
• Holiday and vacation arrangements
• Decision-making procedures (if joint custody is agreed upon)
• Methods for resolving future parenting disputes

Courts expect parenting plans to be specific and detailed. A well-crafted plan reduces future conflict by addressing foreseeable issues in advance. For guidance on creating an effective plan, see our guide on parenting plans.

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.

Oregon’s Abuse Protections in Custody Cases

Oregon law contains strong protections when abuse is alleged in a custody case. Under ORS 107.137, the court must consider whether either parent has committed abuse against the other parent or the child, and whether a parent has engaged in a pattern of abuse. If the court finds a pattern of abuse, it must consider the impact of that pattern on the child’s safety and well-being.

Oregon also allows the court to restrict parenting time or impose conditions — such as supervised visitation — when there are concerns about the child’s safety. In cases where domestic violence has occurred, the court may exempt the parties from mandatory mediation to protect the victim’s safety.

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.

Frequently Asked Questions

Can an Oregon court order joint custody if one parent objects?

No. Under ORS 107.169, an Oregon court cannot order joint custody unless both parents agree to it. If the parents cannot agree, the court must award sole custody to one parent. This makes Oregon unusual among states that otherwise encourage shared parenting.

Does Oregon have a primary caregiver preference?

Yes. Under ORS 107.137, 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. A preference for the primary caregiver is a specific statutory best interest factor.

Does Oregon require mediation in custody cases?

Yes. Under ORS 107.179, Oregon law requires mandatory mediation for custody and parenting time disputes before a contested case can proceed to trial. Mediation is not required in cases involving domestic violence.

How much notice must a relocating parent give in Oregon?

Under ORS 107.159, a custodial parent must provide the non-custodial parent with at least 30 days written notice before relocating. This notice requirement applies regardless of the distance of the move. A parent who relocates without proper notice risks contempt proceedings.

What role does domestic violence play in Oregon custody decisions?

Oregon takes abuse allegations seriously in custody cases. Under ORS 107.137, the court must consider whether either parent has committed abuse or engaged in a pattern of abuse. The court may restrict parenting time, impose supervised visitation, and exempt the parties from mandatory mediation when domestic violence is present.

Can a parent lose custody for refusing to cooperate with the other parent?

While Oregon courts value cooperation, refusing to communicate or facilitate the child’s relationship with the other parent can negatively affect custody outcomes. The court considers each parent’s willingness to facilitate a close and continuing relationship between the child and the other parent as a specific best interest factor under ORS 107.137.

How This Guide Was Researched

This guide was developed by reviewing ORS Chapter 107 (Dissolution of Marriage), with particular attention to ORS 107.137 (best interests factors and primary caregiver preference), ORS 107.169 (joint custody requires mutual agreement), ORS 107.179 (mandatory mediation), ORS 107.159 (relocation notice), and ORS 107.135 (modification of custody). We also consulted the Oregon Judicial Department’s Family Law Program resources, court-connected mediation program guidelines, Oregon Courts self-help custody forms, and the Oregon State Bar’s family law section publications. Statutory references were verified against the current Oregon Revised Statutes.

Sources and Legal References

• ORS 107.137 — Best interests factors including the primary caregiver preference and abuse considerations
• ORS 107.169 — Joint custody requires agreement of both parents
• ORS 107.179 — Mandatory mediation for custody and parenting time disputes
• ORS 107.159 — Relocation notice requirements (30 days, any distance)
• ORS 107.135 — Modification of custody orders upon changed circumstances
• ORS Chapter 107 — Dissolution of marriage proceedings generally

Official Oregon Resources

• Oregon Judicial Department — Family Law Program
• Oregon Courts — Divorce Forms
• Oregon Revised Statutes — Chapter 107

For more about how we research our guides, see our editorial policy and sources methodology.

Related Guides

• Custody and parenting plans in Oregon — In-depth look at Oregon’s unique approach
• Child custody laws explained — National overview of custody frameworks
• Divorce in Oregon — No-fault dissolution and property division
• Child support in Oregon — Income shares calculation and three types of spousal support
• Custody mediation — How the mediation process works
• Parenting plans — Building an effective plan
• 50/50 custody — Equal time arrangements and how they work
• Fathers’ rights in custody — How courts evaluate fathers’ custody claims