Oregon Custody and Parenting Plans

Oregon handles custody differently from most states in one critical way: the court cannot order joint custody over a parent’s objection. If either parent opposes joint custody, the court must award sole custody to one parent. This makes Oregon one of only a few states with this restriction, and it significantly affects how custody disputes play out.

Oregon law distinguishes between custody (the right to make major decisions about the child) and parenting time (the schedule of when the child is with each parent). Understanding this distinction---and the rules that govern each---is essential for any Oregon parent navigating a divorce or custody case.

Custody vs. Parenting Time

Oregon uses two separate legal concepts where many states use one:

Custody refers to legal decision-making authority over major issues in the child’s life, including education, healthcare, and religious upbringing. The parent with custody has the right to make these decisions. Oregon may award sole custody to one parent or joint custody to both parents.

Parenting time refers to the physical schedule---when the child is with each parent. Both parents are entitled to parenting time unless the court finds that parenting time with a particular parent would endanger the child’s health, safety, or welfare.

A parent who does not have custody still has parenting time. A parent with only parenting time (not custody) does not have decision-making authority over major issues, but does make routine day-to-day decisions while the child is in their care.

Joint Custody Requires Agreement

This is the most distinctive feature of Oregon custody law. Under ORS 107.169(3), the court may award joint custody only if both parents agree to it. If either parent objects to joint custody, the court cannot order it---regardless of what the court believes is in the child’s best interest.

This rule has major strategic implications:

• If both parents want joint custody, they can agree to share decision-making authority, and the court will generally approve the arrangement.
• If one parent objects, the court must award sole custody to one parent. The court then decides which parent receives custody based on the child’s best interests.
• A parent cannot be forced into a joint decision-making arrangement. Oregon law recognizes that joint custody requires cooperation, and cooperation cannot be ordered by a court.

This is not how most states handle the issue. Many states allow courts to impose joint legal custody even over one parent’s objection. Oregon’s approach reflects the view that joint custody only works when both parents are willing participants.

The Best Interest Standard

When determining custody and parenting time, Oregon courts apply the best interest of the child standard. ORS 107.137(1) lists the factors the court must consider:

The emotional ties between the child and other family members. The court examines which relationships are most important to the child and which parent has fostered those connections.

Each parent’s interest in and attitude toward the child. The court looks at each parent’s demonstrated commitment to the child’s well-being, including involvement in daily care, education, and activities.

The desirability of continuing an existing relationship. Stability matters. If the child has an established routine and close bond with one parent, disrupting that relationship requires strong justification.

Abuse of one parent by the other. If one parent has engaged in a pattern of abuse against the other parent, this factor weighs heavily against the abusive parent. Oregon law treats domestic violence as a serious consideration in custody decisions.

Each parent’s willingness to facilitate a close relationship between the child and the other parent. A parent who supports the child’s relationship with the other parent is viewed more favorably.

The child’s primary caregiver. Courts consider which parent handles day-to-day responsibilities such as meals, bedtime, school transportation, and medical care.

Factors the court may not consider

Oregon law explicitly prohibits the court from considering certain factors:

• The conduct, marital status, income, social environment, or lifestyle of a parent is not relevant unless it is shown to cause emotional or physical damage to the child (ORS 107.137(1)).
• A parent’s gender may not be a factor. Oregon law does not presume that mothers or fathers are better custodians.

Parenting Plan Requirements

Oregon courts require a parenting plan in every case involving custody and parenting time. The plan serves as the governing document for how parents will share time with and responsibility for their children.

Required elements

A complete Oregon parenting plan must address:

• A parenting time schedule specifying when the child will be with each parent during the regular week, weekends, holidays, school breaks, and summer vacation
• Decision-making authority identifying which parent has custody or whether the parents share joint custody
• Information sharing describing how parents will exchange updates about the child’s education, health, and activities
• Dispute resolution methods such as mediation or consultation with a parenting coordinator before returning to court
• Transportation arrangements specifying how the child will be transported between homes

Who creates the plan

The preferred approach is for both parents to develop the parenting plan together, often with the assistance of a mediator or their attorneys. If the parents cannot agree, each parent may submit a proposed plan to the court, and the judge will impose a plan based on the child’s best interests.

For a general overview of parenting plans, see our national guide on creating a parenting plan.

Domestic Violence Considerations

Oregon law takes domestic violence seriously in custody cases. Under ORS 107.137(1), abuse of one parent by the other is a specific factor the court must consider. Additionally:

Rebuttable presumption against custody for abusive parents. Under ORS 107.137(2), if a parent has committed abuse, there is a rebuttable presumption that it is not in the best interest of the child to award sole or joint custody to that parent. The abusive parent bears the burden of overcoming this presumption.

A pattern of abuse weighs against the abusive parent. Courts consider the nature, frequency, and severity of the abuse. A single incident may be treated differently from a sustained pattern of controlling behavior.

Supervised parenting time. When the court finds that a parent poses a risk to the child’s safety, it may order supervised parenting time---meaning the parent’s visits occur in the presence of a neutral third party or at a supervised visitation center.

Safety-focused parenting plans. In cases involving domestic violence, the parenting plan may include provisions such as exchanges at a neutral location, restrictions on direct communication between the parents, and requirements that a third party handle transportation.

Restraining orders. If a restraining order is in effect, the parenting plan must comply with its terms. The court will not approve a plan that conflicts with an existing protective order.

Mediation

Oregon courts frequently refer custody disputes to mediation before allowing them to proceed to trial. Many counties require mediation as a mandatory step.

A trained mediator meets with both parents to help them negotiate an agreement on custody and parenting time. The mediator does not make decisions or take sides. Parents who reach agreement in mediation retain more control over the outcome, and mediated agreements tend to produce higher compliance rates.

Mediation is not binding unless the parents sign an agreement. If the parents cannot agree, the case proceeds to trial. Mediation may not be appropriate in cases involving domestic violence, where the power imbalance makes fair negotiation difficult. Oregon courts may waive mediation in these situations.

For more on mediation, see our article on custody mediation.

Modification of Custody and Parenting Time

Either parent can ask the court to modify a custody or parenting time order when circumstances have changed significantly since the original order was entered.

To change the custodial parent, the requesting parent must show a substantial change in circumstances that affects the child’s welfare. The bar for modifying custody is intentionally high to provide stability. The standard for modifying parenting time is lower---courts recognize that schedules may need to adjust as children grow, start school, or as parents’ work schedules change.

For more on modifying custody orders, see our national guide on modifying a custody order.

Filing Requirements

To file a custody case in Oregon---whether as part of a divorce or as a standalone custody proceeding---at least one parent must have been an Oregon resident for six months. The case is filed in the circuit court of the county where the child resides.

The filing fee is approximately $300, though fees vary by county. Fee waivers are available for parents who cannot afford the cost.

If both parents agree on custody and parenting time, the case can be resolved quickly. If the case is contested, it may take several months to reach a resolution through mediation or trial.

What to Do Next

If you are dealing with a custody or parenting time issue in Oregon, take these steps:

1. Understand the distinction between custody and parenting time. Know that custody means decision-making authority and parenting time means the physical schedule. Both are determined separately.
2. Decide your position on joint custody. Because the court cannot order joint custody over a parent’s objection, your willingness or unwillingness to share decision-making authority is a threshold issue.
3. Document your involvement as a parent. Courts look at which parent has been the primary caregiver and which parent facilitates the child’s relationship with the other parent. Keep records of your day-to-day involvement in your child’s life.
4. Prepare for mediation. Many Oregon counties require mediation before a custody trial. Go in with a clear proposal for how custody and parenting time should work, and be prepared to negotiate.
5. Consult an Oregon family law attorney. Oregon’s unique rule on joint custody, combined with the best interest factors and parenting plan requirements, makes legal guidance essential. Schedule a free consultation with an attorney who handles Oregon custody cases to understand your options and protect your relationship with your child.

Frequently Asked Questions

Can the court order joint custody in Oregon if one parent does not agree?

No. Under ORS 107.169(3), the court cannot order joint custody unless both parents agree. If either parent objects, the court must award sole custody to one parent. This is one of Oregon’s most distinctive custody rules and differs from the approach in most other states.

What is the difference between custody and parenting time in Oregon?

Custody refers to legal decision-making authority over major issues such as education, healthcare, and religious upbringing. Parenting time refers to the physical schedule---when the child is with each parent. A parent without custody still has parenting time and makes routine daily decisions while the child is in their care.

Does Oregon favor mothers in custody decisions?

No. Oregon law prohibits the court from considering a parent’s gender when making custody decisions. The court must base its decision on the child’s best interests, including factors such as each parent’s relationship with the child, caregiving history, and willingness to support the child’s relationship with the other parent.

How does domestic violence affect custody in Oregon?

Domestic violence is a required factor in Oregon custody determinations. A history of abuse weighs against the abusive parent. The court may order supervised parenting time, restrict contact, or impose safety measures in the parenting plan. In severe cases, the court may deny parenting time entirely.

How much does it cost to file a custody case in Oregon?

The filing fee is approximately $300, though the amount varies by county. Fee waivers are available for individuals who meet income requirements. Additional costs may include mediation fees, attorney fees, and costs for custody evaluations if the court orders one.