Child Custody and Parenting Time in Oregon
If your relationship with your spouse or co-parent ends, you probably think a lot about custody. You may also have questions about parenting time or how to get a parenting plan.
This article explains these concepts and answers common questions about custody, parenting time, and parenting plans in Oregon.
Custody, parenting time, and parenting plans explained
- Custody is about which parent makes important decisions for their child. It is not about when parents get to see their children. It's possible for one parent to have sole custody and still have a 50/50 parenting schedule.
- Parenting time is the schedule when both parents see their kids.
- A parenting plan is a legal document that includes the parenting schedule and other rules for how the parents will share responsibilities.
Difference between joint custody and sole custody
- Joint custody: A custody arrangement where both parents share decision-making about the child. A judge can only order joint custody if the parents agree to share custody.
- Sole custody: A custody arrangement where only one parent has the right to make decisions about the child’s school, religion, health care, etc. The parent with legal custody does not decide how often the child sees the other parent or if the child should move far away from the other parent.
How to get legal custody
You must go through a court case. You can start a court case by turning in court papers at the circuit court in the county where you or the other parent live. But turning in court papers is just the first step!
- If you are married to your other parent, you must start a divorce or legal separation case to get custody. Learn more about filing a divorce case here.
- If you are not married to your other parent, you must start a custody case to get legal custody. The paperwork to start a custody case is on Oregon's state court website.
To start a divorce or custody case, you also must pay a filing fee of $301. If you can't afford this fee, you can ask the court to waive the fee or let you pay it later.
Who can file for custody in Oregon?
Any of these people can ask the court to give them legal custody of a minor child (under 18):
- Married parents: Parents who are married but getting divorced or legally separated.
- Unmarried parents: Parents who are not married but are the legal parents of a child. (For more information on how to become a legal parent, go here.)
- Non-parents: A person who has been living with a child and acting like a parent to a child for six months or longer (this includes stepparents, relatives, or other people). But, if you are a non-parent wanting legal custody, you should get legal help. It is not easy to get custody of someone else's child.
Residency requirements for filing a custody case in Oregon
There are rules for how long parents and children must live in Oregon before they can start a custody case here:
Unmarried parents: You must meet two residency requirements:
- Child residence requirement: In most cases, your child must have lived in Oregon for six months before you can start a case in Oregon.
- Parent residence requirement: At least one parent must live in Oregon. (There is no rule for how long—it could be as little as one day.)
Married parents: You must meet two residency requirements:
- Child residence requirement: In most cases, your child must have lived in Oregon for six months before you can start a case in Oregon.
- Parent residence requirement: At least one parent must be living in Oregon, and either:
- The parent in Oregon has lived in Oregon for six months, or
- You were married in Oregon.
If you need to get legal custody of your child quickly, but don't meet the residency requirements above, talk to a lawyer. You may have options for getting legal custody sooner. But you will need a lawyer to help you.
How do I come up with a parenting schedule and parenting plan?
You are in the best position to create a schedule and parenting plan that works for your family’s schedules, activities, and the children's ages. To create your own plan, you can use the parenting plan templates and guides on the Oregon Judicial Department website.
If you and the other parent can’t agree on a plan on your own, you can also work with a court mediator who will try to help you and the other parent come up with a plan that will fit your needs.
What if the other parent and I can’t agree on custody, parenting time, or a parenting plan?
You must go through a contested court case and have a court trial. A trial is a formal meeting with a judge, the other parent, and you. You and the other parent can present evidence to convince a judge who should get custody and what parenting plan is best for your children.
If you have a trial scheduled, read the Divorce and Custody Trials in Oregon booklet by Oregon’s state courts to learn how to prepare for trial and what to expect.
How does a judge decide which parent gets custody?
At a trial, a judge will decide which parent gets custody by considering:
- Which parent cares for the child most of the time
- The child's relationship with other family members (for example, stepparents and step-siblings, grandparents, etc.)
- Each parent’s connection with and attitude toward the child
- Each parent’s efforts to support the child’s relationship with the other parent
- Whether the child has other important relationships that will be continued by giving custody to one parent over the other
- Whether one parent was physically abusive to the other parent
Tip: A judge cannot give custody to a parent just because the parent is the mother or father of the child. Also, the judge cannot consider a parent’s behavior, marital status, income, or lifestyle unless those factors are likely to cause harm to the child.
How does a judge decide the parenting schedule and parenting plan?
At your trial, the judge will listen to information about your family. The judge will often ask both parents what schedule they think is best for the children. Then, the judge will come up with a plan that they believe is best for your child. A judge will look at the same factors listed in the last question.
If the parents have already been separated for a while, the judge may try to keep the child’s routine the same. Judges do not like changing the living situation of a child who is doing well.
Parents have a right to spend time with their children unless they will be harmed by spending time with a parent.
Can the children pick where they live and how much contact they want with either parent?
No. However, a judge may take a child’s preference into consideration, while also considering the child’s age and reasons for the preference. In Oregon, there is no age at which a child can decide who to live with.
More FAQs About Custody in Oregon
No. You do not have to have a lawyer to get custody. Many people go through custody and divorce cases without a lawyer. Oregon's state court website has free court forms you can use.
But, if you have any questions about your case, you should find legal help. Our Legal Directory can provide you with information about where to find free or low-cost legal help with your case.
If you get handed court papers involving custody and parenting time for your child, read the papers carefully. A request for legal custody can be part of a divorce case or part of a custody case (if you aren’t married to the other parent).
You must act quickly if you disagree with anything the other parent is asking for. You will need to turn in a court form called a Response within 30 days of the date you get a copy of the court papers. You will also need to pay a filing fee of $301. If you can't afford this fee, you can ask the court to waive the fee or let you pay it later.
- If you’re not married to the other parent, you can use this packet of forms from Oregon's state court website.
- If you are married to the other parent, you can use this packet of forms from Oregon's state court website.
If the other parent is not a safe parent, for example, because of drinking, drugs, violence, or other serious issues, a judge can create a safety-focused parenting plan. A safety-focused parenting plan contains extra rules for the unsafe parent to follow to keep the child safe while still allowing contact between the parent and child.
For example, a safety-focused parenting plan can require:
- Special drop-off and pick-up arrangements
- That one or both parents may not use alcohol or abuse drugs
- The parents must use proper car seats
If a parent can’t safely care for their child alone, a parenting plan can require another adult to supervise the visit. For more information about safety-focused parenting plans, look at the Safety Focused Parenting Plan Guide from Oregon’s state courts.
If there are extreme safety concerns, or a child has had no relationship with a parent who has been absent for a long time, a judge can say that parent can't see their child. This doesn’t happen often.
Usually, no. But if a relative, stepparent, or foster parent has been raising your child and acting like a parent to your child, that person can ask the court for legal custody. A judge can only give custody to a non-parent if they have very good reasons not to give you or the other parent custody.
If a non-parent asks for custody of your child, you should get legal help as soon as possible. These cases are very complicated.
- If you both agree on everything: It can take one to two months. You and the other parent can file court papers together. You will then need to wait for a judge to review them and finalize them.
- If the other parent ignores your case: It can take one to two months. But you must file extra paperwork with the court. A judge will review this paperwork and if everything is correct, a judge will sign your paperwork and your case is finished.
- If you can’t agree: It can take six months to more than a year. You and the other parent will need to go through a lengthy court process. There are many steps in this process.
These are estimates, and the timeline can vary depending on your case and your local circuit court.
It can also take longer to get legal custody if you use the wrong forms or fill out your forms incorrectly. If you need help with court forms, visit the Legal Directory to find legal help.