Who Has Custody of My Child If There’s No Court Order in Oregon?
If you're fighting with your co-parent about where your child will live or when they can see your child, this article is for you. It explains your rights when you haven't gone to court for custody.
Parents rights without a custody order
If you have never gone to court for custody, Oregon law says:
- If your child has two legal parents, both parents have equal rights.
- If your child has only one legal parent, that parent has full rights.
What does it mean to have equal parenting rights?
If there’s no court order, both legal parents can:
- Spend time with their child.
- Make decisions for their child.
- Have the child live with them.
Even if one parent spends more time with the child, that parent does not automatically have more rights.
This is true whether the parents are married or not.
What does it mean to be a legal parent?
Being a biological parent (providing sperm or egg) does not always make you a legal parent in Oregon.
In Oregon, you are a legal parent if any of these apply:
- You gave birth to the child (unless you signed a surrogacy agreement).
- You were married to your child’s parent when the child was born or conceived.
- Your name is on your child’s birth certificate.
- You signed and filed a Voluntary Acknowledgment of Paternity form.
- A court declared you the legal parent in an adoption or parentage case.
These rules mean that sometimes a person who isn't a biological parent is considered a legal parent. For example, if you are married and your spouse has someone else's child, Oregon law says you are the legal parent.
Should I go to court for custody?
If you and the other parent disagree about where your child will live or when each parent can see your child, it may be a good idea to go to court.
Going to court can reduce conflict and set clear rules about:
- Custody: How parents will make important decisions for their child.
- Parenting time: The time when each parent gets to see their child.
- Child support: Whether one parent pays financial support to the other.
If one parent does not follow these rules, the other parent can ask the court for help.
Need more help?
If you are 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 advice for your situation. You can call Oregon’s Lawyer Referral Service to find one. If you are worried about cost, search 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.
Ready to start a court case?
You can file a court case on your own using Oregon’s free court forms. You do not have to hire an attorney, though many parents choose to.
- If you are married, you will need to file for divorce or legal separation. Custody, parenting time, and child support will be part of the case. Learn more about divorce in Oregon.
- If you are not married, you will need to file a custody case. Learn more about custody in Oregon.
Once a custody order is in place, both parents must follow it. If one parent does not, the other can ask the court for help.
More Frequently Asked Questions
If you are a biological parent, you can become a legal parent by going through a process called establishing paternity. Learn more about establishing parentage.
If you aren’t the biological parent, you must legally adopt a child to become their legal parent.
It depends. Some cases are settled quickly if both parents agree. Other cases can take months (or more than a year) if parents disagree.
While waiting for a final decision, you may be able to ask the court for temporary orders. Temporary orders set short-term rules for custody, parenting time, and child support until the case is finished. Learn more about temporary orders here.
If there is no custody order, either parent can keep their child away from the other parent. Without a court order, police usually will not step in.
To avoid this, many parents choose to go to court for custody and parenting time. A court order makes the rules clear. It also gives you options for getting help if the other parent does not follow the rules.
If the other parent is violent, abusive, using drugs, or unsafe in other ways, you may have options for protection. These can include:
- Asking the court for a restraining order.
- Asking the court for temporary orders.
Each situation is different. If you are worried about safety, talk to a lawyer or a domestic violence advocate right away.
Yes. You can apply for child support through the Oregon Child Support Program without filing for custody. The program can help you with legal parentage issues, set a support amount, and collect payments.
If you do go to court for custody, child support will be included as part of that case.