Child Custody and Visitation Laws in Oregon

If you're a parent in Oregon going through a separation or divorce, you'll face important questions about child custody: where your kids will live, how much time the other parent will have with them, and who will make major decisions about their upbringing.

If you're already divorced, changes in your life might require a modification of your current custody arrangements. Read on to learn how Oregon custody laws address these issues.

Types of Child Custody

There are two basic types of child custody: legal custody and physical custody. Parents may share one or both custody types, or one parent may have sole custody.

Legal Custody

Legal custody refers to a parent's right to make decisions about important matters in the child's life, such as education, health care, and religion. When parents have joint legal custody, both of them must participate in those decisions. However, Oregon judges may split up that decision-making authority, so that one parent can unilaterally decide some issues. (Or. Rev. Stat. § 107.169(1) (2025).)

A judge may award sole legal custody to one parent if the other parent is unfit to make decisions for the child. A parent may be considered unfit if there is evidence of:

• child abuse
• severe mental illness, or
• serious substance abuse.

Sole legal custody may also be the only practical solution when the conflict between the parents is so intense that they simply can't make decisions together.

When an Oregon judge grants one parent sole legal custody, the other parent retains other parental rights, including the ability to:

• receive school records and consult with school staff concerning the child.
• receive governmental agency and law enforcement records about the child
• consult with the child's medical providers and access the child's medical, dental, and psychological records, and
• authorize emergency medical care if the custodial parent is unavailable.
• (Or. Rev. Stat. § 107.154 (2025).)

Physical Custody

Physical custody refers to where a child lives most of the time. There are different ways of handling physical custody.

• Sole physical custody: The child primarily resides with one parent, while the other parent typically has parenting time (visitation).
• Joint physical custody: The child spends significant (but not necessarily equal) time with both parents.
• Split custody: If there are multiple children, some may live with one parent while others live with the other parent. Does Custody Affect Child Support?

Under Oregon's child support guidelines, the physical custody arrangement influences which parent pays child support and how much. Generally, the "custodial" parent (the one with primary physical custody) will receive child support from the noncustodial parent.

The amount of support a parent is ordered to pay depends on their income. But the amount of time each parent spends with the child is also considered in determining the support figure. So custody and parenting time arrangements can be important child support factors. (Learn more about how child support works in Oregon.)

How to Apply for Child Custody in Oregon

When parents are getting divorced in Oregon, one or both of them will typically include a custody request in their initial papers.

If the parents were never married or are separating without divorce, either parent may file for custody in a separate proceeding. You can find the forms, as well as instructions and information on the process, on the Oregon Courts Unmarried Parents page.

Be aware that Oregon courts generally won't have jurisdiction (legal authority) to make decisions about a child's custody unless the child has lived in the state with a parent for at least six months (or since birth for an infant younger than six months old) just before a parent filed for custody. There are complicated exceptions to this "home state" requirement, so you should speak with a lawyer if your child has recently been living out of state. (Or. Rev. Stat. §§ 109.704(7), 109.741 (2025).)

Can Parents Agree on a Parenting Plan?

You and your co-parent have the option of agreeing on your custody and parenting time arrangements, rather than going through the stress, expense, and time of going to trial. You'll need to submit your parenting plan to the court so that the judge may include the plan in the final judgment in your divorce (or custody case).

Your plan may be general or detailed. If you want to be flexible, your plan may simply outline how you and your co-parent will share parental responsibilities and parenting time. Then, the two of you can informally agree on further details. However, this type of general plan must at least spell out the minimum amount of time the noncustodial parent is entitled to have with the child. If you want to avoid disagreements down the road, it's usually better to have a detailed plan that spells out specific issues, such as:

• a schedule of when the child will live with each parent
• each parent's responsibilities and rights to make decisions about the child's life
• how the parents will share information about the child
• holiday, birthday, and vacation planning
• how the parents may communicate with the child (such as by phone) when the child isn't staying with them
• how the parents will handle exchanging the child (including transportation costs)
• how the parents will communicate with each other (including when they must notify the other parent) about child-related matters, and
• how they'll resolve disputes in the future (such as agreeing to mediation).

Learn more about how to create a parenting plan.

If you haven't agreed on a parenting plan by the time you file for divorce (or for custody in a separate proceeding), the court may refer your case for custody mediation. (Or. Rev. Stat. § 107.765(1) (2025).)

Depending on where in Oregon you live, there may be a county mediation program, and the services might be free or at least reduced cost. Learn more about mediation in family law cases in Oregon.

How Do Judges Make Custody and Parenting Time Decisions?

If you and the other parent aren't able to agree on custody and parenting time, even after mediation, a judge will develop a parenting plan based on what's best for your child. At the trial, the judge will consider evidence about the specific circumstances, including all of the following factors:

• the emotional ties between the child and other family members, along with the benefit of continuing an existing relationship
• each parent's involvement with, and attitude toward, the child
• evidence of abuse of one parent by the other
• which parent has been the child's primary caregiver, and the generally preference for continuing that arrangement unless the judge finds that parent isn't fit, and
• each parent's willingness and ability to support a "close and continuing" relationship between the other parent and the child, unless that would endanger the health or safety of the child.

Generally, the judge won't make a decision based on only one of these factors. However, the judge will presume that it wouldn't be in the child's best interests to award sole or joint custody to a parent who has committed domestic abuse.

Does a Parent's Gender or Disability Matter in Custody Decisions?

Under Oregon law, judges may not give custody preference to mothers or fathers based on their gender.

Also, judges may not consider a parent's disability unless any limitations or behaviors related to that disability would endanger the child. Similarly, judges may consider either parent's income, lifestyle, marital status, and conduct only if any of those factors could harm the child physically or emotionally.

Will the Judge Consider a Child's Custody Preferences ?

The list of factors Oregon judges must consider when making custody decisions (discussed above) doesn't include the child's custody preferences. But the state's supreme court has held that judges should consider all circumstances that are relevant to the child's best interests, including the wishes of children who are "old enough to express an intelligent, meaningful, and well considered preference." (Tingen v. Tingen, 446 P.2d 185 (Or. 1968).)

How old is "old enough"? As a general rule, that will depend on the child's maturity (rather than chronological age), as well as all the other circumstances. For example, one Oregon court held that a judge didn't give enough weight to a 10-year-old girl's preference to stay with her mother, who had been the child's primary caregiver. (Matter of Marriage of Tuttle, 660 P.2d 196 (Or. Ct. App. 1983).)

In another Oregon case, the court cautioned that children's preferences might be in response to a parent's pressure or promises. Kids might also—consciously or unconsciously—take sides and play one parent against the other. (Matter of Marriage of Remillard, 569 P.2d 651 (1977).)

It's rare for a child to testify in a custody case. Judges want to spare children the trauma of having to make their wishes known in front of their parents. Instead, a judge will usually interview the child in the judge's chambers (office).

The law also allows a judge to appoint an attorney to represent the child. In fact, if a child requests an attorney, the judge is obligated to appoint one. (Or. Rev. Stat. § 107.425(6) (2025).

What's a Custody Evaluation?

When there's a custody dispute, judges may order a custody evaluation. Along with the findings from the evaluation, the report may include recommendations for custody and parenting time. The judge doesn't have to follow the evaluator's recommendations, but they'll usually carry a lot of weight. The judge may order a custody evaluation on its own or if either parent requests it. (Or. Rev. Stat. § 107.425(2), (3) (2025).

When Will Oregon Judges Require Supervised Visitation?

A judge may order supervised parenting time for the noncustodial parent if there is a history of:

• abusive behavior
• substance abuse, or
• other behavior that might endanger the child.

Supervised parenting time can take place in a court-approved facility. At such facilities the session can be overseen by professionals, such as specially trained social workers. Oregon also provides for non-professionals to act as parenting time supervisors. The Oregon Judiciary provides guidelines for to non-professional supervisors.

If a judge has concerns about a parent's behavior that doesn't require supervised parenting time, the judge can place other conditions on the visits. For example, the judge may require alcohol monitoring to make sure the parent doesn't drink before or during the visit.

What If Parents Violate Custody or Parenting Time Orders?

If your co-parent is violating your custody or parenting time order—such as by withholding visitation—you can seek enforcement of the order in court. Oregon has a simple fast-track process to enforce parenting time. To start the process you'll file a motion (written legal request) with the court. Once you do, the court must conduct a hearing no later than 45 days after the motion is filed. Judges have several tools to enforce custody and visitation orders, including:

• requiring the parent who has violated the orders to post a bond or pay the other parent's expenses for enforcing the orders
• awarding the other parent additional parenting time or modifying the parenting plan
• suspending or modifying child support or spousal support (alimony).

You may also file a separate legal proceeding to have your co-parent found in contempt of court for willfully violating a court order, which could lead to fines, community service, or even jail time. (Or. Rev. Stat. § 107.434 (2025).)

Can Child Custody or Parenting Time Be Modified?

You can request a change in custody or parenting time in Oregon by filing a motion with the court. But Unless both parents agree on a modified parenting plan, Oregon courts have long held that the parent requesting a custody modification must prove both of the following:

• since the current custody order went into effect, there's been a substantial change of circumstances that negatively affects the child's welfare, and
• the request modification would be in the child's best interests.

(Aguilar v. Badger, 469 P.3d 279 (Or. Ct. App. 2020).)

Seeking a change of parenting time is a little easier because you don't have to prove a substantial change of circumstances. But, as with a change in custody, you'll have to convince the judge that the change is in the child's best interest.

What Are Oregon's Rules on Relocating With a Child?

Under Oregon law, neither parent may move more than 60 miles farther away from the other parent without giving reasonable notice to the other parent and a copy to the court. However, a judge may suspend the notice requirement if a moving parent requests it and there's a good reason to grant that request. (Or. Rev. Stat. § 107.159(1) (2025).)

Regardless of the distance, a custodial parent must continue to comply with any court order regarding parenting time unless and until a court modifies that order. So if you're hoping to move with your child, it's usually a good idea to see if you can agree with the noncustodial parent about the move and any changes to your current parenting plan. .

Without an agreement, either parent may file a motion to modify the existing custody orders in light of the planned relocation. A custodial parent's relocation doesn't automatically qualify as a substantial change of circumstances warranting a custody modification. Instead, the judge will have to decide if the move will have a significant negative impact on one or both parents' ability to care for the children. (Ibarra v. Conn, 323 P.3d 539 (Or. Ct. App. 2014).)

The judge will also have to decide whether it would be in the child's best interest to allow the relocation, deny it, or change custody if the custodial parent moves. Some of the factors a judge will likely consider are:

• the reason for the move (for example, a better employment opportunity, remarriage, or to be closer to extended family)
• the effect of the relocation on the relationship between the noncustodial parent and the child, and
• whether the move would benefit the child, such as by allowing the child access to better schools, more extracurricular activities, or special medical attention.

If the judge decides to allow a custodial parent to move, the judge will also probably make some adjustments to the parenting time schedule, such as by giving the noncustodial parent more time with the kids during vacations.

Do Grandparents Have Visitation Rights in Oregon?

Grandparents (and some other relatives) can request visitation with their grandchild when the child's parents have limited or cut off those visits. But Oregon's requirements for grandparent visitation are strict. First of all, the judge will presume that the parent is making decisions in the child's best interest. Even if the grandparent provides strong evidence to overcome that presumption, the judge must find that the grandparent has an ongoing personal relationship and emotional ties with the child, and that the requested visitation would be in the child's best interests. (Or. Rev. Stat. § 109.119 (2025).)

Resources and Help With Child Custody

You can find instructions and the necessary forms for custody and parenting time matters, modification of a court order, and custody enforcement on the Oregon Judiciary website. If you and your co-parent can't reach an agreement on custody or a custody modification—even with the help of a mediator—you'd be wise to speak with a lawyer. Navigating the legal procedures and court rules involved in a contested custody proceeding can be difficult. An experienced family law attorney can evaluate your case, help you gather the evidence you'll need, and represent you in court if it comes to that.