The law in plain words
Under ORS 107.137, "the court shall give primary consideration to the best interests and welfare of the child."
Wondering who usually ends up with custody? Our page on the chances of getting full custody in Oregon explains what the figures can and cannot show.
Custody and parenting time are separate
Oregon treats decisions and time as two different things.
- Joint custody: both parents share major decisions, such as where the child lives, school, health care and religion.
- Sole custody: one parent makes those decisions alone.
- Parenting time: the time the child spends with each parent. It replaced the word visitation.
The court's own forms explain that you can have sole custody with 50-50 parenting time. You can also have joint custody with a 75/25 split.
Unless the court orders otherwise, a parent without sole custody keeps rights to school and medical records. They can consent to emergency care if the custodial parent cannot be reached.
Joint custody needs both parents' agreement
Under ORS 107.169, "the court shall not order joint custody, unless both parents agree to the terms and conditions of the order."
When parents agree to joint custody, the court cannot swap those agreed terms for sole custody in its judgment. Either parent can still ask to change the order later, under the usual modification rules.
If one parent asks for joint custody and the other objects, the court usually sends them to mediation first, for up to 90 days. If that fails, the court decides custody itself.
The court must still value close contact with both parents and encourage shared responsibility "when appropriate."
Is Oregon a 50/50 state?
No. Oregon has no presumption of equal parenting time.
One rule helps a parent who asks for it. Under ORS 107.102, if a parent requests equal parenting time, the court can refuse only with written findings. The findings must say equal time is not in the child's best interests, or would endanger someone.
A 2025 bill to presume equal parenting time, HB 3095, did not pass. Neither did a bill capping the other parent's time at 50%.
The best-interest factors
ORS 107.137 lists six factors:
- the emotional ties between the child and other family members
- each parent's interest in, and attitude toward, the child
- the value of continuing an existing relationship
- abuse of one parent by the other
- a preference for the primary caregiver, if that parent is fit
- each parent's willingness and ability to support the child's relationship with the other parent
No single factor decides the case. Factor 6 is set aside if a parent shows sexual assault or a pattern of abuse by the other. They must also show contact would endanger them or the child.
A parent's lifestyle, income or social life counts only if it is shown to harm, or risk harming, the child. The same goes for a disability.
Your child's wishes
Oregon sets no age at which a child decides. The child's wishes are not one of the listed factors. Oregon's legal self-help site says children do not choose, at any age.
The judge may still talk with the child, without the parents present. The lawyers may attend and ask questions, and the conversation is recorded.
If a child asks for their own lawyer, the court must appoint one. In Boldt (2008), the Supreme Court treated a 12-year-old's views as relevant, though not decisive.
Mothers' and fathers' rights
Neither parent starts ahead. Since January 1, 2026, ORS 107.137 says no preference may be given "based solely on the gender of the parent."
Without a court order, married parents have equal rights to custody under ORS 109.030.
If you were never married
Under ORS 109.103, once parentage is legally established, unmarried parents have the same custody rights as married ones. Parentage must be set before you use the court's custody forms.
One default rule applies. If parentage was set by a voluntary acknowledgment, the parent with physical custody at the time it was filed has sole legal custody. That lasts until a court orders otherwise.
- The acknowledgment: once filed with the State Registrar, it equals a court ruling on parentage.
- Changing your mind: a signer can rescind it within 60 days, or before the first court hearing about the child if sooner.
- After that: it can be challenged at any time, but only for fraud, threats or pressure, or a serious mistake about the facts.
At the first custody decision, neither parent has to prove a change of circumstances. The usual best-interest factors apply.
Domestic violence and restraining orders
Under ORS 107.137, if a parent has committed abuse, the law presumes custody to that parent is not in the child's best interests. The parent can try to rebut that.
Abuse here means causing or attempting bodily injury, putting someone in fear of it, or forced sex. Oregon's definition does not include coercive control.
A Family Abuse Prevention Act restraining order can award temporary custody.
- Who can apply: a person abused in the last 180 days who is in imminent danger of more abuse.
- How fast: the court holds a hearing the same day or the next court day.
- How long: orders now last two years, after a 2023 change.
- Cost: nothing to file.
The other parent has 30 days to ask for a hearing. If they contest temporary custody, it is held within five days.
Emergency and temporary orders
Generally, an Oregon court cannot make a custody order in a custody case without hearing both parents. There is one exception before judgment. An abuse restraining order, below, is a separate route.
Under ORS 107.097, a parent who is present in court can swear the child is in immediate danger. If the judge agrees, the court can act straight away.
Immediate danger means a present risk of physical harm, severe psychological damage, sexual abuse or severe neglect. A 2025 law says homelessness, illness or poverty alone is not enough.
The other parent can ask for a hearing. The court tries to hold it within 14 days, and must within 21. A status quo order can also stop either parent changing the child's home or leaving Oregon. These filings are free.
Moving with your child
Under ORS 107.159, every custody order, except an abuse restraining order, says neither parent may move more than 60 miles further away without reasonable notice. A copy goes to the court.
The statute requires notice, not permission, though a detailed parenting plan can add its own relocation terms. A parent who objects to a move asks the court to change the custody order.
In Davison and Schafer (2020), the Court of Appeals said moves of 60 miles or less need no notice at all. The court can waive the notice rule for good cause, such as safety.
The courts publish a separate long-distance parenting plan for parents more than 60 miles apart.
Changing custody or parenting time
Either parent can ask the court to change custody or parenting time by motion. The other parent has 30 days to respond.
To change custody, Oregon's Supreme Court uses a long-standing two-step test, applied in Boldt (2008):
- circumstances affecting a parent's ability to care for the child have changed since the last order
- a change in custody is in the child's best interests
The parent asking for the change must prove it. Repeated, unreasonable denial of parenting time can count as a substantial change.
With joint custody, the parents' inability or unwillingness to keep cooperating counts as a change of circumstances. The change must still serve the child.
Enforcing parenting time
Every Oregon court has an expedited process to enforce parenting time. The hearing must be held within 45 days of filing, unless the parents agree otherwise.
Remedies include make-up time, a more detailed schedule, a bond, parenting classes and legal costs. The court can also hold a hearing to change custody.
If a child is kept against a custody order, the custodial parent can ask for an order of assistance. It directs police to return the child. It cannot be used to enforce parenting time.
Parenting plans, mediation and classes
Every case that sets parenting time needs a parenting plan. A general plan must at least set the other parent's minimum time. The court must write a detailed plan if either parent asks.
- Mediation orientation: required in every court district before a judge decides a disputed case, except in emergencies.
- Mediation itself: every district provides it. Whether you must attend depends on your county.
- Safety: programs must screen for domestic violence, and a parent can opt out after being informed.
- Parenting class: not required statewide, but many counties require one before judgment.
If mediation fails, the mediator tells the court only that there was no agreement.
How to file for custody in Oregon
File in the circuit court for the county where the child lives, or where either parent lives. Oregon must usually be the child's home state for six months.
- Make sure parentage is set. The court's custody forms assume it is.
- Complete the petition. Unmarried parents use the Petition for Custody and Parenting Time, and Child Support.
- Add the required forms. These include a Summons, a Notice of Statutory Restraining Order and a Confidential Information Form.
- Serve the other parent. You cannot serve the papers yourself. They have 30 days to respond.
- Attend the mediation orientation, and any class your county requires.
The Oregon Judicial Department's forms for unmarried parents include step-by-step instructions.
How much does it cost to file for custody in Oregon?
Oregon's court fees are set by statute. From January 1, 2026:
| Filing | Fee |
|---|---|
| Starting a custody case | $301 |
| Responding parent's first appearance | $301 |
| Motion to modify | $167 |
| Expedited parenting time enforcement | $56 |
| Emergency, status quo or abuse restraining order | Free |
If you cannot pay, a judge can waive or defer the fees. Applying is free.
What changed in 2025 and 2026
Oregon's recent changes are mostly about parentage and emergencies.
- January 1, 2026: a 2025 law rewrote parentage law and reworded the ban on gender preference in gender-neutral terms.
- 2025: a new law defined "immediate danger" for emergency custody orders.
- January 1, 2027: parents will be able to sign an acknowledgment of parentage before the child is born.
- 2023: abuse restraining orders were extended from one year to two.
Bills to presume equal parenting time, or cap it at 50%, failed in 2025.
Building the record
One Oregon factor favors the fit parent who has done most of the daily care, though no single factor decides. That question is answered with dates, not adjectives.
Note each meal, school run, doctor visit and exchange as it happens. Casewell keeps those notes and the messages behind them together, so a lawyer can read a clear timeline.
Before you record a call or a handover, check whether you can record your co-parent in Oregon.
A clearer way to prepare
Come to court ready, not stressed.
Turn messages, receipts and everyday notes into a clear attorney-ready record.
New record
Late pickup
Pickup was scheduled for 5:00pm. The other parent arrived at 5:42pm.
Report ready
Your report is ready
Ready for your attorney or lawyer to review.
An Oregon caregiving record
One Oregon factor favors the fit primary caregiver. Keep these items current so your facts are ready.
Keep the caregiving record Oregon judges weigh
Casewell keeps dated daily care, exchanges and the messages behind them in one private place. Export the period a lawyer needs as a focused PDF.
Is Oregon a 50/50 custody state?
No. There is no presumption of equal time. If a parent asks for equal parenting time, the court can refuse only with written findings.
Can a court order joint custody in Oregon if one parent objects?
No. Under ORS 107.169, the court cannot order joint custody unless both parents agree to its terms.
At what age can a child choose which parent to live with in Oregon?
No age lets a child choose. A judge may talk with the child, and must appoint a lawyer for a child who asks for one.
How much does it cost to file for custody in Oregon?
Starting a custody case costs $301, and a motion to modify costs $167. Emergency orders are free, and fees can be waived or deferred.
Who has custody if the parents are not married in Oregon?
If parentage was set by acknowledgment, the parent with physical custody when it was filed has sole legal custody until a court orders otherwise.
How do I get emergency custody in Oregon?
Once a custody case is filed, go to court in person with a sworn statement that the child is in immediate danger. The emergency request itself is free.
Sources
This page summarizes Oregon Revised Statutes Chapters 21, 107 and 109, as amended through 2026, and Oregon Judicial Department guidance as of October 2026. It explains the law in general terms and is not legal advice.
- ORS Chapter 107 โ custody, parenting time, restraining orders and relocation checked
- ORS Chapter 109 โ parentage and unmarried parents checked
- ORS Chapter 21 โ court filing fees checked
- Oregon Judicial Department โ forms for unmarried parents checked
- Oregon Judicial Department โ parenting plans checked
- Oregon Judicial Department โ custody and parenting time mediation checked
- Oregon Law Help โ child custody and parenting time in Oregon checked