俄勒冈州的儿童监护权和亲子时间

You should act quickly if you disagree with anything the other parent is asking for. 

• Learn how to respond to custody papers here.
• Learn how to respond to divorce papers here. 

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. 

You can also read our guide to hiring a lawyer for tips on finding the right lawyer for your case.

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. 

Learn more about making an agreement outside of court here.

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.  

Learn more about trial here.

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.