Non-Custodial Parent Rights in Oregon

If you're going through a custody case, you may be thinking about giving the other parent custody to avoid a long court fight. Or maybe you’ve already been to court and lost custody.

Either way, you might be wondering what that means for your rights—and for your relationship with your child. This page explains what rights parents have when they don't have custody.

What does custody mean in Oregon? 

In Oregon, custody is not about who spends the most time with the kids. It’s also not directly related to which parent pays child support.  

Instead, custody is mostly about decision-making.  

The parent with custody (the custodial parent) usually:  

• Decides where the kid will go to school.
• Decides which doctors or dentists they’ll see.
• Keeps the child’s IDs, birth certificate, and other important paperwork safe.
• Makes sure the child gets regular healthcare.
• Makes important medical and educational decisions.
• Decides what religious or spiritual beliefs to teach the child. 

Essentially, the custodial parent is responsible for the big-picture decisions and overall care of the child.  

The custodial parent does not get to:  

• Decide when you can see your child.
• Tell you how to parent your child when they’re with you. 

What rights do parents without custody have? 

Just because you don't have custody doesn’t mean you’re cut out of your child’s life.  

Even if you don’t have custody of your child, you still have rights. Unless your court paperwork says otherwise, you can: 

• See your child regularly, as outlined in the parenting schedule in your court paperwork.
• Make day-to-day parenting decisions when your child is with you.
• Make emergency medical decisions for your child when they’re with you.
• Get information from your child’s school and doctors.
• Ask the court for help if the other parent isn’t following the parenting schedule or your parenting plan. 

Will I still get to see my child regularly if I don’t have custody? 

In most cases, yes. Even if the other parent has custody, you’ll still have a parenting plan that gives you time with your child. It's possible to have 50/50 parenting time—even if only one parent has legal custody.  

Only in rare situations does a non-custodial parent lose all rights to see their child. This usually only happens if that parent was very abusive or neglectful.  

Learn more about parenting plans here. 

Do I have to pay child support if I lose custody? 

Maybe—but not always. 

Child support in Oregon is based on a formula that looks at: 

• How much money each parent makes.
• The number of children each parent has (including children from other relationships).
• The number of overnights the child spends with each parent.
• The amount each parent pays for health insurance. 

In some cases, a non-custodial parent might not owe child support, or they may actually get child support from the custodial parent.  

Learn more about child support in Oregon here. 

Should I give up custody to avoid a fight? 

That’s a personal decision. But it helps to know that giving up custody doesn’t mean you’re giving up your child. 

If your main goal is to stay involved in your child’s life and have regular time together, your parenting plan matters more than who has custody. Learn more about parenting plans here. 

What if the custodial parent doesn’t let me see our child? 

Once you have a custody order and parenting plan, it’s not OK for the parent with custody to refuse to let you see your child. If they do this, you have options.  

Learn more about what to do if the other parent isn’t following your court orders. 

Need more help? 

If you’re not sure what to do: 

• 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 personalized advice and make recommendations. You can find a lawyer by calling Oregon’s Lawyer Referral Service. Or, if you’re worried about affording a lawyer, search our Legal Directory to see free and low-cost legal options. 

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