Protecting your children's best interests while preserving your parental rights.
In Oregon, there is no such thing as "physical custody." Custody refers exclusively to legal custody—the right to make major decisions regarding your child's education, healthcare, and religious upbringing. Where the child lives and how time is divided between parents is addressed separately through parenting time arrangements.
Both parents share the right to make major decisions about the child's life. In Oregon, the court will only award joint custody if both parents agree to it.
One parent has the exclusive right to make major decisions about education, healthcare, and religious upbringing. If the parties do not agree to joint custody, the court must determine which parent receives sole legal custody.
Under Oregon Revised Statutes 107.137, courts determine custody arrangements based on the best interests and welfare of the child. The statute requires courts to consider the following factors:
The statute further provides that if a parent has committed abuse as defined in ORS 107.705, there is a rebuttable presumption that it is not in the best interests of the child to award sole or joint custody to that parent. Oregon law does not favor one parent over the other based on gender. Both mothers and fathers have equal standing in custody disputes.
Download the full text of ORS 107.137 (PDF)
"No preference in custody may be given to one parent over the other based solely on the gender of the parent." ORS 107.137(5)
In Oregon custody cases, a Parenting Plan is required. This legal document outlines the custody and parenting time arrangement and must address specific elements required by law. A comprehensive parenting plan includes:
A well-drafted parenting plan provides clarity for both parents and helps minimize conflict by establishing clear expectations and procedures for handling parental responsibilities. The Oregon courts provide parenting plan resources and forms to help families get started.
Parenting time schedules vary based on the children's ages, parents' work schedules, and distance between homes. Below are some common arrangements, including equal parenting time plans:
We work with you to develop a parenting plan that maintains your children's stability while ensuring meaningful time with both parents.
Custody orders are not permanent and can be modified if there is a substantial change in circumstances. Oregon allows either parent to petition the court for a modification of custody if circumstances have changed significantly since the original order was entered.
Common reasons for custody modifications include:
To modify custody, you must demonstrate that there has been a material and substantial change in circumstances and that the modification would be in the best interests of the child. At Crawley Law, we help parents navigate custody modifications to ensure their children's needs are met.
Oregon law does not automatically grant children the right to choose at a specific age. However, the statute allows the court to consider a child's preference if the child is mature enough to express a meaningful preference. This is case-specific and depends on the child's maturity level. The court will evaluate whether the child is old enough and mature enough to make an informed decision, rather than being influenced by one parent.
You can potentially move out of state, but you must first obtain the other parent's consent or court permission. Oregon law requires notification to the other parent if you intend to relocate with the child. If the other parent objects, you must petition the court, and the judge will determine whether the move is in the child's best interests. The court will consider factors like the distance of the move, the reason for relocation, and the impact on the child's relationship with the other parent.
In Oregon, grandparents can petition for visitation (parenting time) rights if it is in the best interests of the child. Grandparents have stronger rights if they have been the primary caregiver or if the child lived with them. However, the law generally presumes that parents have the fundamental right to make decisions about their children, so grandparents must show good cause for custody or visitation rights.
The length of a custody case varies depending on whether it is contested or uncontested. If both parents agree on custody, the case can be resolved relatively quickly. Contested custody cases can take several months to over a year, particularly if there are complex issues or if the case goes to trial. Many cases are resolved through mediation or settlement conferences within 4-8 months.
In contested custody cases, the court may order a custody evaluation. A trained evaluator (usually a social worker or psychologist) will meet with each parent and the child, review relevant documents, and provide a report and recommendation to the court about custody arrangements. The evaluator's report is intended to help the judge make a decision in the best interests of the child.
Disclaimer: The information provided above is for general informational purposes only and does not constitute legal advice. Every case is different. Reading this information does not create an attorney-client relationship. You should consult directly with a qualified Oregon attorney regarding your specific situation.
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