Changing Your Custody or Divorce Judgment in Oregon
What was right for you and your child when you finalized your divorce or custody case may change. This is normal and happens to many people.
The good news is that you can change some parts of your custody or divorce judgment in Oregon.
If you aren't sure what a judgment is, go here for more help. Or, you can keep reading to learn more about changing your court papers.
What parts of my custody or divorce judgment can I change?
You can ask the court to change:
- Custody
- Parenting time (visitation)
- The parenting plan
- Child support
- Spousal support (if your original order included it, and it hasn't ended)
In divorce cases, there are some things you can't change after your divorce is final:
- You can't ask for spousal support if you didn't ask for it in your initial divorce.
- You usually can't change decisions about how property and debts should be divided. There are some exceptions, like if your spouse hid things from you during the divorce, but these are rare.
When can I change custody?
If you have joint custody, either parent can decide at any time that it is no longer working. If that happens, the court must decide which parent should have sole custody.
If one parent has sole custody, the court will only change custody if there has been a dramatic, unexpected change in your lives. The parent seeking a change in custody must also prove that the change is in their child's best interests.
Caution: If you want to change custody, you usually have to go through the court's free mediation program first before going back to court. Read your court papers to see if this applies to your case.
Can I change my parenting plan?
Yes. You can change your parenting plan at any time. You can change:
- The regular parenting schedule.
- The holiday or summer parenting schedule.
- Drop-off or pick-up rules.
- Safety rules (including adding stricter rules).
- Other details in your plan.
Tip: If you want to change your parenting plan, you often have to go through mediation first. Read your court papers to see if this applies to your case.
Can I change the amount of child support I am paying or getting?
Yes, but only if your financial situation or parenting schedule has significantly changed since you last went to court.
If you only want to change child support, you can ask the Oregon Child Support Program (CSP) to help you make this change. They provide free help modifying child support if:
- It's been more than three years since the child support order was put into place.
- There has been a substantial change since the last order was made.
You can find more information on child support, including how to change child support, here.
Can I change the amount of spousal support I am paying or getting?
If you or your former spouse experiences a major, unexpected change in your situation, the court may modify the amount of spousal support. Changes to spousal support are specific to each case. The court will look at why support was initially ordered.
If you want to change support, it's a good idea to speak with an attorney. They can help you understand the likelihood of that happening.
How do I change my custody or divorce judgment?
It depends.
- If you agree on the changes, you can fill out some court forms, sign the forms, and then file them with the court. A judge will review and sign your paperwork. Once the paperwork is signed, your changes are official.
- If you don't agree on changes, you can ask the court to make changes by starting a modification court case. The modification process is similar to the one in your initial case.
You can find court forms on the Oregon Judicial Department website or at your local circuit court. File your forms in the same Oregon county where you finished your case. Use the same case number.
Where to get help
If you have questions, here are some places that can help:
- Family court facilitators: These court staff can help you find family law forms or answer basic questions about your family law case.
- Oregon Law Help Legal Directory: Our online directory can help you find free or low-cost family law help.
- Oregon Lawyer Referral Service: If you can afford to hire a lawyer, this service can connect you to private lawyers in Oregon.
More Frequently Asked Questions
If you want to move, talk to the other parent immediately to see if you can agree on a new plan.
- If they disagree:
- You must notify the other parent in writing that you intend to move. Fill out this form, send a copy to the other parent, and file a copy at the court.
- You will also need to start a modification case to ask the court to change your parenting plan so that you can move. You should not move—even if you give notice—if you cannot continue following your parenting plan.
- If the other parent does agree:
- You still need to change your parenting plan through the court. The other parent could change their mind and back out of the agreement if it isn’t finalized through the court.
Warning: Oregon law says that a child's time with each parent is very important. Judges are hesitant to allow a child to move far away from a parent involved in their child’s life. If you want to move because of a new job, to be closer to family, or any other reason, starting this process as soon as you think you need to move is important.
The other parent must follow your current parenting plan until you can both agree to change it, or a judge changes it.
If the other parent wants to change your parenting plan so they can move, it is their responsibility to ask the court to change the plan.
If the other parent moves anyway and stops following your plan, you have options. Go here for more information on what to do when a parent doesn’t follow court orders.
It’s also a good idea to get legal help in this situation.
The court charges a $167 filing fee. If your income and resources are very low, you can ask the court to let you:
- File for free (called fee waiver)
- Pay later (called fee deferral)
To ask for a fee waiver or deferral, you must fill out a form. You can get this form online here or at your local circuit court.
Warning! If the court gives you a fee deferral, the fees must be fully paid by you or the other person when your case ends. If the fees are not paid at the end of the case, the court may charge extra fees or send the balance to collections. If you can’t afford to pay at the end of the case, talk to your local court about setting up a payment plan.
The other person can either:
- Do nothing
- Disagree with you and fight the case.
If the other person wants to fight the changes, they must file papers with the court within 30 days from the date they are served the court papers.
If they do nothing after 30 days, you can ask the court to approve your changes without the other parent’s involvement. This is called getting a default judgment. The forms to ask for that are found on Oregon’s state court website.
If the other person disagrees and files papers, the court will contact you with the next steps. The process varies by county. In some counties, the court will schedule a court date as soon as the other side files papers with the court. Check with your local court to find out more.