Key Takeaways
- When deciding child custody, Oregon courts prioritize the child’s best interests, focusing on safety, stability, and overall well-being.
- Custody determines decision-making authority, while parenting time outlines when the child is with each parent.
- Judges do not favor either parent based on gender and instead assess caregiving roles, stability, and cooperation.
- Joint custody can only happen if both parents agree; otherwise, the court assigns sole custody and sets a schedule.
- If parents can’t agree, mediation and possibly a custody evaluator are used before a judge makes the final decision.
- Custody and parenting time can be changed later, but only through a court-approved process showing a significant change in circumstances.
When deciding child custody in Oregon, family courts must place the child’s best interests above everything else. At one time, maternal preference was the guiding rule when a couple divorced or underwent legal separation, but today, joint custody is the goal whenever possible. When that isn’t possible, judges make their decision based on criteria outlined in ORS 107.137, such as which parent has been the primary caregiver and whether there’s been evidence of neglect or child abuse.
While custody covers decision-making authority, parenting plans establish a schedule called parenting time (formerly known as visitation), so you know how much time the children will be spending with you. Sometimes the arrangement is close to 50-50, while others are more varied. In this guide, we’ll review how child custody (and, by extension, parenting time) is decided in Oregon and how the right family law attorney can help.
What Does “Child Custody” Mean in Oregon?
In Oregon, “custody” refers to a parent’s legal authority to make important decisions for a child. These decisions include:
- Where the child lives
- What school they attend
- What educational activities they pursue
- What non-emergency medical care they receive
- What religious training they follow
Generally speaking, the parent with legal custody holds that authority unless both parents share it through a joint custody agreement.
As we stated at the beginning, legal custody and parenting time aren’t the same thing. You can have limited parenting time and still take part in major decisions if you and your former spouse or partner agreed to joint custody. Your parenting plan, which must state how much time the child spends with each parent, can include detailed terms such as:
- Exchange times
- Holiday schedules
- How parents will handle communication
Once the family law court approves the plan and includes it in the judgment, both parents must follow it exactly as written.
What is the Best Interests of the Child Standard?
The child’s best interests standard requires family law judges to evaluate how each parent’s actions and history may affect the child’s safety, stability, and development. The statute lists specific statutory factors for a custody determination, including:
- The emotional bonds between the child and family members
- Parental interest in and attitude toward the child
- The value of maintaining an existing relationship
When making child custody decisions, Oregon courts also look at which parent has acted as the primary caretaker (but only if that parent is fit) and each parent’s willingness and ability to support a healthy relationship between the child and the other parent. If there is a history of emotional abuse or domestic violence, the court must take that into account and may apply a legal presumption against awarding custody to the abusive parent.
Does Oregon Prefer One Parent Over the Other?
No. Oregon family law doesn’t permit a court to favor one parent over the other based on gender. Instead, when determining legal custody and parenting time, judges look closely at which parent has handled ongoing responsibilities such as:
- Preparing meals
- Managing school attendance and assignments
- Scheduling and attending medical appointments
- Maintaining consistent routines and social environments
If one parent is fit and has acted as the primary caregiver, the court may value continuity in that role, but it’s not the only factor. Other criteria outlined in ORS 107.137 have to be taken into account, including each parent’s ability to provide a safe and stable home and support the child’s relationship with the other parent (when it’s safe to do so). A parent who hasn’t served as the primary caretaker can still be awarded custody if that arrangement better serves the child’s best interests.
Can Parents Share Legal Custody in Oregon?
In Oregon, a joint custody arrangement means both parents share authority over major decisions involving the child. It doesn’t necessarily translate to equal parenting time: as we mentioned earlier, you can share joint custody while the child spends most of their time under your roof.
A sole legal custody arrangement, on the other hand, gives one parent the legal authority to make major decisions without the other’s consent. That doesn’t erase the noncustodial parent’s role: they may still have parenting time, access to school and medical records, and other rights.
Note: Oregon law doesn’t let a judge impose joint custody when one parent objects: both have to agree to the arrangement. If there is no agreement, the court must decide which parent will have sole legal custody and then set parenting time for the other one.
What Happens When Parents Can’t Reach a Custody Decision?
When parents can’t reach their own agreement on custody or parenting time, the court steps in to decide the issue. In many Oregon counties, the court requires parents to attend mediation before a judge makes a final decision. Mediation gives both parents a chance to work out a safety-focused parenting plan with the help of a neutral third party.
If mediation doesn’t resolve any custody disputes, Oregon courts may appoint a custody evaluator. This party is a trained professional, usually with a background in mental health, who reviews the family situation and makes recommendations to the court. The evaluator may interview both parents, observe interactions with the child, and review records such as school or medical reports.
If no agreement is reached after these steps, the case goes to trial, where each parent presents evidence and testimony to support their position. The judge reviews that evidence under Oregon law and then issues a court order based on the child’s best interests.
Can a Child Choose Which Parent They Want to Live With in Oregon?
No. There’s no set age at which a child gains the right to decide which parent will have custody or what the final parenting plan looks like. The court keeps full authority over the decision and applies the best interests standard in every case.
That said, a judge may consider the child’s preferences as part of the evaluation. The court reviews the child’s maturity, reasoning, and ability to express a consistent and independent view. A younger child’s opinion may carry less influence, while testimony from an older child who can clearly explain their reasoning may have a stronger impact on the court’s decision.
For example, if a 16-year-old prefers a sole custody arrangement because the other parent lets them stay up late or skip homework, their request isn’t likely to carry weight. But if they can show that one parent is routinely neglectful or has developed a substance abuse problem, the court will pay closer attention.
Note: Even when a child expresses a clear preference, the judge doesn’t have to follow it. The court compares that preference with all other important factors, including safety, stability, and each parent’s ability to meet the child’s needs.
What Happens if a Parent Wants to Move?
Oregon law places limits on how far a parent can move with a child after a custody order is in place. In most cases, you can’t move more than 60 miles farther away from the other parent without giving advance written notice and receiving court approval. That notice must also be filed with the court if there is an existing judgment.
The notice requirement applies even when one parent has sole custody. Having sole custody doesn’t give a parent unlimited freedom to relocate without following the terms of the court order. If the move would disrupt the current parenting schedule, the parent may need to return to court to request a custody modification.
When a move affects parenting time, the court reviews the situation using the same best interests standard. The judge looks at how the move will affect the child’s relationship with both parents, the child’s stability, and the ability to maintain regular contact. If the proposed move would interfere with the child’s well-being or existing schedule, the court can deny the request or modify the parenting plan.
Can Custody or Parenting Time Be Changed Later?
Yes, a custody or parenting time order in Oregon can be changed, but only through a new court order. You can’t rely on a verbal agreement or an informal arrangement: the change must be filed with the court and approved by a judge before it becomes enforceable.
To alter a custody arrangement, the requesting parent must show that there has been a substantial change in circumstances since the last order. This could include changes in the child’s needs, a parent’s ability to provide care, or concerns about safety. After that, the court applies the best interests standard again to decide if a new custody arrangement is appropriate.
Parenting time can also be modified if the current schedule no longer works or if one parent isn’t following the order. Courts can enforce parenting time through legal remedies, including make-up time or other court actions. Any long-term change to the schedule must still be approved by the court to ensure it serves the child’s best interests.
Questions? Speak to an Oregon Family Law Attorney Today
At Harris Velázquez Gibbens, we represent clients in Oregon child custody cases involving custody, parenting time, and parenting plans. We also handle disputes over decision-making authority, parenting schedules, and changes to existing court orders, so if you need an Oregon family or divorce lawyer during this difficult time, call (503) 648-4777 or contact us online. Se habla español.
