Understanding Oregon child custody laws is essential for any parent going through a divorce or separation. This comprehensive guide covers the types of custody Oregon recognizes, how courts determine the best interests of the child, parenting plan requirements, relocation rules, and how to modify existing custody orders. Whether you are negotiating a custody agreement or preparing for a custody hearing, this guide explains Oregon’s custody framework in clear terms.
Verified against Oregon family law statutes as of April 2026.
In This Oregon Custody Guide:
Types of Custody in Oregon
Oregon recognizes several types of custody arrangements:
| Type | Description |
|---|---|
| Legal Custody | The right to make major decisions about the child’s education, healthcare, and religious upbringing. |
| Physical Custody | Where the child primarily lives on a day-to-day basis. |
| Joint Custody | Both parents share legal custody, physical custody, or both. |
| Sole Custody | One parent has exclusive legal or physical custody. |
Joint custody presumption: NO — Oregon does NOT have a presumption favoring joint custody. Under ORS 107.169(3), the court shall NOT order joint custody unless BOTH parents agree to the terms and conditions of the order. A court cannot impose joint custody over either parent’s objection. If one parent requests joint custody and the other objects, the court must direct the parties to mediation (ORS 107.179). If mediation fails after 90 days, the court proceeds to determine custody — but still cannot order joint custody without mutual agreement. Additionally, once joint custody has been agreed to and ordered, the court may not overrule that agreement by ordering sole custody to one parent without a showing of changed circumstances.
Oregon Best Interest of the Child Standard
The best interests of the child standard is the primary framework Oregon courts use for all custody decisions. This standard considers what arrangement will best serve the child’s physical, emotional, and developmental needs.
Oregon courts evaluate these best interest factors when making custody decisions:
- Under ORS 107.137(1)
- the court gives primary consideration to the best interests and welfare of the child. The court considers these specific statutory factors: (a) The emotional ties between the child and other family members; (b) The interest of the parties in and attitude toward the child; (c) The desirability of continuing an existing relationship; (d) [This subsection has been repealed from the statute — formerly addressed the child’s adjustment to home
- school
- and community]; (e) The preference for the primary caregiver of the child
- if the caregiver is deemed fit by the court; (f) The willingness and ability of each parent to facilitate and encourage a close and continuing relationship between the other parent and the child. Additional statutory considerations under ORS 107.137: (1) The court shall consider the conduct
- marital status
- income
- social environment
- or lifestyle of either party ONLY if it is shown that any of these factors are causing or may cause emotional or physical damage to the child (ORS 107.137(3)); (2) No preference in custody shall be given to the mother over the father for the sole reason that she is the mother
- nor to the father over the mother for the sole reason that he is the father (ORS 107.137(3)); (3) The court may not consider a party’s disability in determining custody unless behaviors or limitations related to the disability are endangering or will likely endanger the health
- safety
- or welfare of the child (ORS 107.137(5)); (4) The best interests shall NOT be determined by isolating any one factor and relying on it to the exclusion of others (ORS 107.137(2)); (5) If a parent has committed abuse as defined in ORS 107.705
- there is a rebuttable presumption that it is not in the best interests of the child to award sole or joint custody to the abusive parent (ORS 107.137(6)).
Child’s preference: In Oregon, a child’s custody preference may be considered when the child reaches No specific age. Under ORS 107.137, one factor is “the preference for the primary caregiver of the child, if the caregiver is deemed fit by the court.” Oregon does not set a minimum age at which a child may express a custody preference. The court has discretion to consider the child’s wishes based on the child’s maturity and ability to express a reasoned preference. The older and more mature the child, the more weight the preference carries. The judge may speak with the child privately in chambers if the judge believes it is in the child’s best interests.. The weight given to the child’s preference increases with age and maturity. The court considers the child’s reasoning and whether the preference is influenced by a parent.
Oregon Parenting Plans
Oregon requires parents to submit a parenting plan as part of custody proceedings. Under ORS 107.102, a general parenting plan must set forth the minimum amount of parenting time and access the noncustodial parent is entitled to have. A detailed parenting plan may include provisions relating to: (a) Residential schedule; (b) Holiday, birthday, and vacation planning; (c) Weekends, including holidays and school in-service days preceding or following weekends; (d) Decision-making and responsibility; (e) Information sharing and access; (f) Relocation of parents; (g) Telephone access; (h) Transportation; and (i) Methods for resolving disputes. The court, in developing a parenting plan, may consider only the best interests of the child and the safety of the parties. ORS 107.101 declares Oregon’s policy that it is in the best interest of the child to have a close relationship with both parents, and that both parents should share in the rights and responsibilities of raising the child.
Key elements of an effective parenting plan:
- Regular residential schedule (weekdays, weekends, overnights)
- Holiday and school vacation rotation
- Transportation arrangements and pickup/drop-off logistics
- Decision-making authority (education, healthcare, extracurriculars)
- Communication methods between parents and between parent and child
- Dispute resolution process (mediation before court)
- Right of first refusal when a parent is unavailable
Oregon Custody Relocation Rules
Under ORS 107.159, any court order or judgment granting custody and parenting time must include a provision requiring that neither parent may move to a residence more than 60 miles further distant from the other parent without giving the other parent reasonable notice and providing a copy of the notice to the court. The distance threshold is 60 miles — moves within 60 miles do not trigger the notice requirement. Once the non-moving parent receives notice, they have the right to file a motion to prevent the relocation or to modify custody/parenting time arrangements. A parent may be excused from the notice requirement if the court, upon ex parte or other motion, enters an order suspending the requirement for good cause (such as domestic violence safety concerns).
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Notice requirement: The relocating parent must provide The notice must be given a reasonable time before the move. Oregon courts and official forms specify at least 60 days advance written notice before a proposed move of more than 60 miles. The notice should be provided in writing through a method that creates a delivery record (such as certified mail). days advance written notice to the other parent.
The court evaluates whether the move serves the child’s best interests, considering the reason for the move, the impact on the child’s relationship with the non-moving parent, and whether a modified visitation schedule can preserve that relationship.
Modifying Oregon Custody Orders
Under ORS 107.135, modification of a custody order requires a two-part showing: (1) A substantial (material) change in circumstances that was unanticipated at the time of the original order or last modification; and (2) That the modification is in the best interests of the child under ORS 107.137. The moving party has the burden of proving the change in circumstances. Any fact relating to the child and the parties occurring after the last custody judgment may be considered. Specifically, repeated and unreasonable denial of, or interference with, parenting time may constitute a substantial change of circumstances. For joint custody orders specifically (ORS 107.169(4)), inability or unwillingness to continue to cooperate constitutes a change of circumstances sufficient to modify a joint custody order.
Common modification triggers: parent relocation, change in child’s needs, substance abuse, domestic violence, parent’s work schedule change, child reaching an age where preferences are considered, or one parent consistently violating the existing order.
Special Circumstances in Oregon Custody
Domestic violence: Oregon has a strong rebuttable presumption against awarding custody to an abusive parent. Under ORS 107.137(6), if a parent has committed abuse as defined in ORS 107.705 (which includes attempting to cause or intentionally, knowingly, or recklessly causing bodily injury; placing a person in fear of imminent bodily injury; or causing a person to engage in involuntary sexual activity by force, threat, or duress), there is a rebuttable presumption that it is NOT in the best interests of the child to award sole or joint custody to the abusive parent. A Family Abuse Prevention Act (FAPA) restraining order against a parent establishes this rebuttable presumption. The presumption can be rebutted by evidence that the abusive parent has expressed genuine remorse and satisfactorily completed treatment programs (such as a batterer’s intervention program). Additionally, under ORS 107.137(1)(f), the court may NOT consider a parent’s willingness to facilitate a relationship with the other parent if one parent shows the other parent has sexually assaulted or engaged in a pattern of abuse against the parent or child.
Grandparent visitation: YES, under limited conditions. Under ORS 109.119, grandparents (and other third parties who have a significant relationship with a child) may petition for visitation or custody rights. For visitation, the grandparent must prove an “ongoing personal relationship” exists — defined as substantial continuity for at least one year through interaction, companionship, interplay, and mutuality. For custody, the grandparent must prove a “child-parent relationship” — defined as a relationship in which the person supplied food, clothing, shelter, and necessaries and provided necessary care, education, and discipline on a day-to-day basis, existing in whole or in part within 6 months of filing. Factors the court considers include: whether the petitioner is or recently has been the child’s primary caretaker; whether circumstances detrimental to the child exist if relief is denied; whether the legal parent has fostered, encouraged, or consented to the relationship; whether granting relief would substantially interfere with the custodial relationship; or whether the legal parent has unreasonably denied or limited contact. ORS 109.332 also specifically addresses grandparent visitation in stepparent adoption cases.
Unmarried parents: Under ORS 109.103, if a child is born to unmarried parents, parentage must first be established before either parent can initiate a civil proceeding to determine custody, support, or parenting time. Paternity can be established through: (1) A voluntary acknowledgment of paternity signed by both parents (ORS 109.065); (2) An administrative proceeding through the Oregon Department of Justice, Division of Child Support; or (3) A court action to establish parentage. Once paternity is established, either parent may file a petition under ORS 109.103 in the circuit court of the county where the child resides or where either parent resides. The same best interest factors (ORS 107.137) apply to unmarried parents as to divorcing parents. An unmarried mother has initial legal custody of the child until paternity is established and a court order regarding custody is entered. An unmarried father must establish paternity to gain legal custody or parenting time rights.
Guardian ad litem: YES. Under ORS 107.425, the court has discretion to order an investigation of the parties in any domestic relations suit involving children. The court may appoint a Guardian Ad Litem (GAL) to represent the child’s interests. A GAL is a temporary, limited guardian appointed on behalf of a minor child who represents the child during the court case. GALs may be attorneys, volunteer advocates, or licensed professionals (counselors, social workers). They conduct scheduled and unscheduled home visits, interview relevant persons (teachers, family, caregivers), review school records, medical documents, criminal records, and other personal information. The GAL prepares a written recommendation for the court. The court is not required to order a GAL on its own motion — it is within the trial court’s discretion, and either parent may request one. Oregon Judicial Department provides GAL forms and procedures through its courts.
Additional Oregon rules: (1) Oregon uses the term “parenting time” rather than “visitation” — reflecting the state’s policy (ORS 107.101) that both parents should share in the rights and responsibilities of raising the child; (2) Joint custody CANNOT be court-ordered without both parents’ agreement — this is a distinctive Oregon rule that differs from many states (ORS 107.169(3)); (3) Oregon has a specific “primary caregiver preference” — the court considers preference for the primary caregiver if deemed fit, which is not common in all states (ORS 107.137(1)(e)); (4) Oregon explicitly prohibits gender bias in custody — no preference to mother over father solely based on gender (ORS 107.137(3)); (5) Oregon explicitly protects parents with disabilities — a party’s disability cannot be considered in custody decisions unless disability-related behaviors are endangering the child (ORS 107.137(5)); (6) The court may not consider a parent’s willingness to foster a relationship with the other parent (factor f) if the other parent has committed sexual assault or a pattern of abuse (ORS 107.137(7)); (7) Oregon has a “safety-focused parenting plan” framework specifically designed for cases involving domestic violence, with official judicial department guides and model orders.
Official Sources & Resources
- Cornell LII — Child Custody: law.cornell.edu
- NCSL Custody Laws: ncsl.org
- Oregon Custody Statute: Oregon Revised Statutes (ORS) Chapter 107 (Marital Dissolution, Annulment and Separation; Mediation and Conciliation Services; Family Abuse Prevention) and Chapter 109 (Parent and Child Rights and Relationships). Key statutes: ORS 107.105 (provisions of judgment in dissolution proceedings); ORS 107.102 (parenting plan content); ORS 107.137 (best interest factors for custody); ORS 107.135 (modification of judgments); ORS 107.159 (relocation notice requirements); ORS 107.169 (joint custody); ORS 107.179 (mediation for joint custody disputes); ORS 107.425 (investigation/GAL in custody cases); ORS 107.755 (court-ordered mediation); ORS 109.103 (custody proceedings for unmarried parents); ORS 109.119 (third-party/grandparent custody and visitation).
Last verified April 2026. Contact us if you notice outdated information.