How to Start a Custody Case in Oregon
This page provides step-by-step guidance to help you start your Oregon custody case. It also includes links to related articles and court forms.
If you have questions about custody, parenting time, or child support, read this guide first.
Step 1: Make sure you can file in Oregon
Oregon has rules about who can file for custody in Oregon. You can file if:
- You have established legal parentage.
- You and your children live in Oregon.
- Your children have lived in Oregon for at least six months.
If your children haven't lived in Oregon for six months, you may still be able to file here. It’s just more complicated. The easiest thing to do is wait until your children have been in Oregon for six months. If you can’t wait, find legal help.
Step 2: Complete your court forms
Oregon has free custody forms. If you want to file in Oregon, make sure you use Oregon’s forms and not forms from another state!
You can find and complete your Oregon custody forms using any of these methods:
- Use Oregon’s free form-generating tool. You can use the Oregon court’s Guide and File tool to complete your forms. This tool asks you a series of questions and then generates forms for you. You can turn in your forms through Guide and File, or print them out and bring them to your local courthouse.
- Download the forms for free. You can also download custody forms from the court's website, print them off, and fill out your forms by hand.
- Get forms from your local courthouse. You can also get custody forms from your local circuit court. Most courts charge a small copying fee.
If you need help finding or completing your forms, contact a family law facilitator for help.
Step 3: Turn in your forms at one of Oregon’s circuit courts and pay a filing fee
Next, you must file your forms with one of Oregon’s circuit courts. You can file in the circuit court in either:
- The county where you live, or
- The county where your co-parent lives.
You'll also need to pay a filing fee of $301 or apply for a waiver of this fee if you can't afford to pay it.
If you use the court's free form-generating tool to complete your forms, you can file your forms and pay your fee online. Otherwise, you’ll need to go in person to a circuit court.
Step 4: Serve your co-parent
Next, you must have someone hand your co-parent a copy of your custody paperwork. This is called service.
Learn how to serve someone here.
Step 5: Wait 30 days to see if the other side responds to your case
Finally, you must wait 30 days to see if your co-parent responds to your court case.
Next steps
After you start your case, your case will take one of three paths:
If the other parent ignores your case and doesn't take any action in 30 days, you can finish your case through the default process.
A default means the other side didn’t respond, and the court can decide the case in your favor. You'll get everything you asked for in your initial custody of paperwork.
Next steps:
- Complete more forms: Refer to Part 2 of the court’s pack of forms. Read the instructions on how to wrap up your case by default.
- Get help: If you get stuck or want someone to review your paperwork before you file, contact a court facilitator for free help.
If you and your co-parent agree on everything (including a parenting plan and child support), your co-parent has two choices:
- Ignore your case and let you file default paperwork (see Path A).
- Sign settlement paperwork prepared by you or your attorney (see next steps, below).
Option 1 is the easiest option. But, if your co-parent wants to make a few changes to your court papers, then option 2 is the best option.
Next steps:
- Make sure you actually agree on everything. There are a lot of little details to think through, including child support and your parenting plan. Refer to our guide on settling your case outside of court to make sure you’re truly on the same page.
- Complete more forms: If you agree on everything, Part 2 of the forms packet from the court provides instructions and forms for completing your case.
- Get help: If you get stuck or want someone to review your paperwork before you file, contact a court facilitator for free help.
If your co-parent disagrees with your custody petition and files a response with the court, your case becomes a contested case. You'll need to go through more steps to wrap up your case.
Next steps:
Refer to this guide to learn about the steps in a contested custody case.