Understanding your rights and Oregon's approach to custody decisions. February 2026
Child custody matters are among the most emotionally charged and complex issues in family law. Oregon custody laws are designed with one fundamental principle in mind: the best interests of the child. Understanding how Oregon courts approach custody decisions is essential if you're facing a custody dispute or planning to create a parenting plan with your child's other parent.
Oregon law distinguishes between legal custody (the right to make major decisions about a child's life) and physical custody (where the child primarily lives). In many cases, these are separate issues that may be resolved differently. For example, one parent might have primary physical custody while both parents share legal custody, allowing them both to participate in decisions about education, healthcare, and religious upbringing.
One of the first distinctions to understand in Oregon custody law is the difference between legal and physical custody. These are not the same thing, and understanding the difference is crucial to protecting your relationship with your children.
Legal custody refers to the right and responsibility to make major decisions about a child's life. This includes decisions about education, healthcare and medical treatment, religious upbringing, extracurricular activities, and discipline. Legal custody can be held by one parent (sole legal custody) or shared between both parents (joint legal custody). When parents share legal custody, both have equal say in major decisions, though they may need to consult with each other before making decisions.
Physical custody refers to where the child primarily lives and who provides day-to-day care and supervision. A child may have a primary residence with one parent (primary physical custody) while maintaining a parenting time schedule with the other parent. Physical custody determines which parent handles daily decisions about meals, bedtime, homework, and immediate healthcare needs. In some cases, parents share physical custody relatively equally through alternating schedules.
Joint custody in Oregon means that both parents share legal custody and participate in major decisions about the child. However, it's important to understand that Oregon law does not allow courts to order joint custody against a parent's objection. This means that if one parent objects to joint custody, the court cannot force that parent into a joint custody arrangement.
Joint custody agreements require both parents to cooperate and communicate effectively. For this reason, joint custody is typically ordered or agreed to when parents can demonstrate that they can work together in the child's best interests. If parents are highly conflicted or unable to communicate, the court may award sole legal custody to one parent.
Many parents do successfully co-parent under joint custody arrangements. When both parents are committed to cooperation, joint custody allows children to benefit from meaningful involvement with both mothers and fathers. However, it requires ongoing communication, willingness to compromise, and a shared commitment to the child's wellbeing.
Oregon Revised Statutes (ORS) 107.137 establishes the framework for custody decisions. Under this statute, courts determine custody based on "the best interests of the child," considering specific statutory factors. This is a flexible standard that allows judges to consider the unique circumstances of each family while ensuring decisions prioritize the child's welfare.
The best interests factors that Oregon courts must consider include:
"Oregon courts do not favor one parent over the other based on gender. Both mothers and fathers have equal standing in custody disputes."
Courts also consider whether domestic violence or abuse has occurred in the relationship. If there is a history of intimate partner violence, the court must consider the impact on the child and the safety of the child when making custody decisions. A parent's history of violence or abuse may result in sole custody being awarded to the other parent or restrictions on the abusive parent's parenting time.
In all custody cases in Oregon, a Parenting Plan is required. This is a legal document that outlines the custody arrangement, parenting time schedule, and how major decisions will be made. A comprehensive parenting plan is essential for establishing clear expectations and minimizing conflict between parents.
A parenting plan must address the following elements:
Creating a detailed parenting plan provides clarity for both parents and helps prevent misunderstandings. Many parenting plans are agreed upon by parents through negotiation, mediation, or collaborative law processes. If parents cannot agree, a judge will create a parenting plan based on the best interests of the child.
In contested custody cases, courts may order a custody evaluation. A trained evaluator, typically a social worker, psychologist, or family therapist, will interview each parent and the child, observe interactions, review relevant documents, and provide a written report with recommendations to the court.
Custody evaluators assess numerous factors, including each parent's parenting strengths and weaknesses, the child's relationship with each parent, the child's adjustment to school and community, and each parent's ability to meet the child's physical and emotional needs. The evaluator's report is intended to assist the judge in making a decision that serves the child's best interests.
Custody evaluations can be comprehensive and time-intensive processes. Both parents typically have the opportunity to participate in interviews and provide information to the evaluator. The final evaluation report is confidential, though both parents and their attorneys have the right to review it before trial.
Custody orders are not permanent and can be modified if circumstances change significantly. Oregon allows either parent to petition the court for a modification of custody if there has been a substantial and material change in circumstances since the original custody order was entered.
Common reasons for seeking custody modifications include:
To obtain a custody modification, you must prove that circumstances have changed substantially since the original order and that the modification serves the child's best interests. This typically requires filing a petition with the court and may involve a trial if the other parent objects to the modification.
Oregon law has specific requirements regarding relocation with a child. If a parent with physical custody wishes to relocate or move out of state with the child, certain procedures must be followed. Oregon Revised Statutes 109.119 establishes notice requirements for parents seeking to relocate with a child.
A parent seeking to relocate must provide written notice to the other parent at least 30 days before the intended relocation date. The notice must include the intended new location, reasons for relocation, and a proposal for modified parenting time. If the other parent objects to the relocation, the matter must be resolved by agreement or court order.
Courts consider several factors when evaluating relocation requests, including whether the move serves the child's best interests, the impact on the child's relationship with the non-relocating parent, and whether a modified parenting time schedule can be established. Relocations that significantly interfere with a parent's relationship with the child may be denied.
If you're facing a custody dispute or are concerned about protecting your relationship with your child, there are several practical steps you can take:
Custody disputes are among the most challenging and emotionally difficult family law matters. At Crawley Law, we understand the importance of your relationship with your children and are committed to protecting your parental rights. Whether you're negotiating a parenting plan, responding to a custody petition, or seeking to modify an existing custody arrangement, our experienced family law attorneys can advocate for your interests and your child's best interests.
We can help you understand Oregon custody law, develop a comprehensive parenting plan, negotiate with the other parent, and represent you in mediation or at trial if necessary. If you're facing custody issues in Lane County or throughout Oregon, contact Crawley Law today to schedule a consultation and learn how we can help protect your family.
Our experienced family law attorneys are ready to help you navigate custody matters and protect your relationship with your children.
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