Child Custody and Parenting Time in Oregon
If you're separated from your spouse or partner, you may have questions about custody and child visitation, like, “what is custody” or “how do I get custody?”
This article will answer these and other common questions about custody in Oregon.
Custody laws are different in every state! The information in this article only applies to parents in Oregon.
What is custody?
Custody can mean different things in different situations.
In Oregon family court, custody means a court has made a written decision about which parent can make important decisions for their child.
The parent with custody (the custodial parent) usually:
- Enrolls the child in school and handles school paperwork.
- Schedules doctor’s appointments and gives permission for treatment.
- Keeps the child’s important documents and records.
- Does most of the planning and coordinating for the child.
In Oregon, custody does not decide where your child lives or when they see each parent. Those details are covered by parenting time.
Custody vs. parenting time
Many parents get confused by the difference between custody and parenting time.
In Oregon, custody is about who makes decisions for the child. Parenting time, also called visitation, refers to the time a child spends with each parent.
For example: Parent A has custody. But Parent A and B have 50/50 parenting time. This means Parent A makes important decisions for the child, like where the child goes to school, but both parents get to spend equal time with their child.
What is joint custody?
In Oregon, parents can agree to share decision-making for their child. This is called joint custody. If only one parent has custody, it is called sole custody.
Both parents must agree to joint custody. If they do not agree, either parent can go to court and ask a judge to decide who gets custody.
Joint custody works best when parents generally agree on parenting and can communicate calmly to make decisions together. It is less effective in high-conflict situations or when one parent has been abusive.
Child support and custody
If you are considering custody, it is important to know that child support is closely connected. Whenever a parent asks for legal custody, the court also requires both parents to address child support.
Child support is a monthly payment from one parent to the other. The parent who receives the money decides how to spend it.
Even though child support and custody are related, child support is not based on which parent has custody. Instead, it depends on:
- The visitation schedule (parenting time).
- Each parent's income.
- The number of children each parent has.
- Other financial factors, like health insurance costs, or other income a parent receives.
You can learn more about child support on this page.
Parenting plans and custody
A parenting plan is another important part of custody and parenting time. It is a legal document that lists the parenting time schedule and explains how parents will share responsibilities.
If you go to court for custody, you will need to create a parenting plan as part of your case. Your plan can be tailored to your family’s unique needs. Every plan is different.
Learn more about parenting plans here.
How to get custody of a child
In Oregon, you need to go through a court case to decide custody for your child. During this process, you will also need to address child support and create a parenting plan.
The court process can be quick, sometimes a month or less, if you both agree on custody, child support, and a parenting plan. If you can’t agree and need the court’s help to settle disagreements, it can take up to a year or longer.
Here’s how to get started:
- If you’re a married parent, you’ll need to file for divorce or legal separation (if you’re against divorce). Custody will be decided during your divorce or legal separation case.
- If you are not married, you must start a custody case to get legal custody.
Get help with custody
If you need more help, here are some options:
- Contact your local family law facilitator. They work for the court and offer free help with forms and legal information. Learn more about facilitators.
- Talk to a lawyer. A lawyer can give you advice for your situation. You can call Oregon’s Lawyer Referral Service to find one. If you are worried about cost, check our Legal Directory for free and low-cost options.
- Domestic violence help. If you feel unsafe, you can call Oregon’s Domestic Violence Hotline at 1-888-235-5333.
Frequently Asked Questions
You should act quickly if you disagree with anything the other parent is asking for.
There are two ways to get full custody (called sole custody in Oregon):
- You can try to convince the other parent to let you have sole custody, or
- You can try to convince a judge that you are the best parent to have sole custody.
A judge will usually give custody to the primary parent unless that parent has serious problems, such as untreated mental health issues, alcohol or drug abuse, or other abusive behaviors toward the child.
The primary parent is the person who handles most child-related responsibilities and does most of the caregiving.
In most cases, no.
In Oregon, many parents go through the court process without a lawyer. Only a small percentage of custody or divorce cases in Oregon involve lawyers.
There are a few situations where it is important to involve a lawyer:
- You’re afraid of your co-parent, and they’ve been abusive to you or your child.
- The other parent lives in another state or country.
- Someone else (like a grandparent or child welfare) is trying to get custody of your child.
How do I find a custody lawyer?
If you need a lawyer, here are some ways to find one:
- Oregon’s Lawyer Referral Service: This service can match you with an attorney in your area who handles your type of case.
- Oregon Law Help Legal Directory: This directory can help you find free or low-cost legal help.
How much does a custody lawyer cost?
Private custody lawyers (called family law lawyers) charge on average $300/hour in Oregon.
Your legal fees will depend on the total hours a lawyer spends on your case. Fees can range from $5,000 to $50,000 or more.
If you can’t afford a lawyer, you can search our Legal Directory to see options for getting free or low-cost legal help.
Yes.
- If the situation is temporary, you can sign a delegation of parental powers form to give someone else permission to make decisions for your child. This form lasts for six months, but you can sign a new form as many times as needed. You can learn more about this option here.
- If the situation is long-term, the other person may need to get custody or become your child's legal guardian, so they can continue to make decisions for your child. Learn more about long-term legal options here.
Yes. This is very common.
However, if you make an agreement outside of court, it is important to formalize it through the courts. If you do not take this step, either parent can withdraw from the agreement at any time.
If you can’t agree, you can ask the court to help you sort out your disagreements.
If you still can’t agree, then you can take your case to trial, and a judge will decide which parent gets custody and what parenting schedule you’ll follow.
Technically, neither parent has custody until you get a written decision from a judge, which is called a court order.
Before you have a court order, both parents can make decisions for the child. Usually, this means the parent who is with the child makes the decisions.
Learn more about your rights before you have a custody order here.
In Oregon, children do not get to choose which parent has custody or who they live with, no matter their age.
This decision is left up to the parents. If the parents cannot agree, they can go to court, and a judge will decide.
When a judge makes a decision, they may listen to the child’s opinion about who they want to live with, but they do not have to follow it. The judge decides what they believe is best for the child.
You can learn more about how your child can be involved in your case in this article.
In most cases, you and your children must live in Oregon for six months before you start a custody case (if you’re unmarried) or file for divorce (if you’re married).
If you cannot wait six months, you may be able to file a case sooner. However, the process is complicated and involves additional steps. It is best to find a lawyer to help you.
In some situations, it may be appropriate for a parent not to have a relationship with their child. For example, maybe your co-parent:
- Hasn't seen your child in years.
- Sexually abused your child.
- Is violent and abusive to you or your child.
- Has serious mental health problems.
- Is in prison.
However, before a judge orders no contact, they will usually consider whether there are safe ways for the parent to have some contact. This might include:
- Supervised visits.
- Short visits in public places.
- Limiting contact to phone or video calls.
- Creating strict rules for visits that could include alcohol or drug testing.
Usually, no.
However, if a relative, stepparent, or foster parent has been raising your child and acting as their parent, they can ask the court for legal custody. They could also seek legal guardianship or adopt the child.
A judge can only grant custody to a non-parent if they have very good reasons not to grant it to the parents.
Learn more about legal options for non-parent caregivers here.