What Oregon law says about equal parenting time, how it plays out in Lane County, and when a 50-50 schedule fits. November 2026
It is one of the first things parents tell us in our Eugene office, and it is a reasonable goal. Many children do well when they spend real, regular time with both parents. But Oregon law on equal parenting time is easy to misunderstand. Some parents believe 50-50 is automatic. Others believe a judge will never order it. Neither is true.
This post explains what Oregon law actually says about equal parenting time, how it tends to play out in Lane County, what other states do, what the research shows, and when a 50-50 schedule may not be the right fit.
Oregon separates two questions. Custody is about decision-making: who makes major decisions about school, non-emergency health care, and religion. Parenting time is the schedule: which days and nights the child spends with each parent. When people say “50-50 custody,” they usually mean equal parenting time. For a deeper explanation, see our post on custody vs. parenting time in Oregon.
The difference matters. Joint custody in Oregon requires both parents to agree. A judge cannot order joint custody over one parent’s objection (ORS 107.169(3)). Equal parenting time has no agreement requirement. A judge can award one parent sole custody and still give both parents equal time with the children, and Oregon appellate courts have reviewed judgments that do exactly that.
In 2019, the Oregon Legislature passed Senate Bill 318, which took effect on January 1, 2020. It added language to Oregon’s parenting plan statute, now ORS 107.102(5)(c). In plain English, it says:
That is a real protection. A judge cannot quietly set the request aside. If the answer is no, the reasons have to be in writing, which also makes the decision easier to review.
SB 318 did not create a presumption. As first introduced, the bill would have made equal time the presumed arrangement, but that language was removed before it passed. Later bills that would have created a 50-50 presumption, in 2021, 2023, and 2025, all died in committee. The child’s best interests remain the test, and neither parent starts with an advantage. Lawyers sometimes describe Oregon as a “findings” state, not a “presumption” state.
Because the findings rule depends on a request, how and when you ask matters. In one 2025 decision, the Oregon Court of Appeals declined to consider a parent’s complaint about missing findings because he had not raised it with the trial judge. That opinion is nonprecedential, meaning it does not bind other cases. Still, the practical lesson is worth following:
Oregon judges decide custody and parenting time based on the child’s best interests and welfare. For custody, ORS 107.137 lists factors the court must consider, including:
The court cannot decide by focusing on a single factor, and it cannot favor a parent because of that parent’s gender. Read more in Oregon Child Custody Laws Explained.
For parenting time, the law asks the court to make sure the child and each parent have enough time together for meaningful parenting, and to keep everyone safe. For custody, Oregon appellate courts have been clear that the primary-caregiver preference is a required part of the analysis. A judge cannot simply call the parents “even” when the evidence shows one parent did most of the day-to-day caregiving. The Court of Appeals has sent several Lane County custody decisions back for exactly that reason.
That does not rule out shared parenting time. It means custody and the schedule are separate decisions, and each needs its own analysis. A parent who wants equal time should be ready to show real, hands-on involvement: school pickups, medical appointments, activities, and bedtime routines.
Lane County’s written local rules say nothing about 50-50 schedules. They are procedural. Unless an exception applies, parents in a contested custody or parenting time case must complete a parent education class and go through mediation before a judge decides. Lane County’s Family Mediation Program offers up to three free 90-minute sessions and screens for safety concerns. See our page on the mandatory parenting class.
In our office’s experience, Lane County judges generally favor equal parenting time when it is in the children’s best interests: both parents have been involved, they live close enough to manage school and activities, and they can communicate. That is an observation from our practice, not a county policy, and every judge decides every case on its own facts. A well-supported 50-50 plan is often realistic here. It is never automatic.
If your case is just starting, the schedule in place while it is pending can shape what feels “normal” by the time of trial. Our post on temporary and status quo orders explains how those early orders work.
Many Lane County families settle on a schedule in mediation. Common equal schedules include:
The Oregon Judicial Department’s parenting plan guide includes sample schedules by age. It notes that alternating-week plans require good communication and a great deal of cooperation between parents.
States fall into a few broad groups:
If you have read online that “most states now presume 50-50,” be careful. That is not accurate, and Oregon is not one of those states. The law where your case is filed is what counts.
Researchers have studied shared parenting for decades. Here is a fair summary:
For most families, the takeaway is that both parents matter, and children often benefit from substantial time with each. How the parents manage conflict matters as much as the exact split.
Equal time is not right for every family. Situations that often call for a different schedule, or a gradual one, include:
No. Oregon has no presumption of equal time. A court may order it, and if you ask for it, the court must explain any denial in written findings.
Yes. Custody and parenting time are separate decisions. A court can award sole custody to one parent and still order equal parenting time.
Not necessarily. Oregon’s child support guidelines account for parenting time, but each parent’s income still matters. See how Oregon calculates child support.
Once paternity is established, the same best-interests rules apply. See our post on unmarried fathers’ rights in Oregon.
Oregon has specific remedies for missed parenting time, including expedited enforcement, makeup time, and contempt. See Enforcing Parenting Time in Oregon.
Yes. Changing parenting time generally requires showing that the change is in the child’s best interests. Changing custody requires more: a change in circumstances as well as best interests.
No. Oregon does not set an age at which a child decides where to live, and the custody statute does not list the child’s preference as a factor. An older child’s views can come up in a case, but the judge decides. See When a Teenager Refuses Parenting Time. If mental health or the lack of a judgment is part of the refusal, see what to do when a teen will not go to the other parent’s house.
Every family is different, and a good parenting plan fits your children, your schedules, and your homes. Crawley Law represents Eugene, Springfield, and Lane County parents on both sides of equal-time requests: parents asking for 50-50, and parents who believe a different schedule is better for their children. We can help you build the record, propose a workable plan, and make sure the right requests are made at the right time. Learn more about our child custody practice.
If you are thinking about asking for equal parenting time, or responding to a request for it, schedule a consultation to talk through your situation.
This article provides general information about Oregon law and is not legal advice. Every family’s situation is different, and results depend on the facts of each case; consult a lawyer about your specific circumstances.
We’ll help you understand your options, build a workable parenting plan, and make the right requests at the right time.
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