Child Custody in Oregon

The best-interest factors under ORS 107.137

ORS 107.137 lists the factors an Oregon court weighs when deciding custody. These include the emotional ties between the child and other family members, and each parent's interest in and attitude toward the child. They also include the value of continuing an existing relationship, and whether one parent has abused the other. It also includes a preference for the child's primary caregiver, if that caregiver is fit. Finally, the court weighs each parent's willingness and ability to support a close, continuing relationship between the child and the other parent.

Oregon law is explicit on this point. The court cannot isolate any single factor and decide based on it alone. A parent's disability cannot be considered unless it is shown to endanger the child. No preference may be given based solely on a parent's gender. A parent's conduct, marital status, income, social environment, or lifestyle can only be considered if shown to cause or risk emotional or physical harm to the child.

Abuse and rape-conviction restrictions on custody

Oregon law treats certain safety findings as more than just one factor among many. If a parent has committed abuse, as Oregon law defines it, ORS 107.137 creates a rebuttable presumption against awarding that parent sole or joint custody.

A separate rule covers rape. A court may find a parent was convicted of rape under Oregon's rape statutes, or a comparable law elsewhere, and that the rape resulted in the child's conception. In that case, the court cannot award that parent sole or joint custody at all. The parent still must pay child support.

The court's willingness-to-foster-a-relationship factor does not apply against a parent who shows the other parent sexually assaulted them. It also does not apply if the other parent engaged in a pattern of abuse that would endanger the parent or child through continued contact.

Parenting plans and parenting time

Oregon expects the parents in a custody case to develop a parenting plan. Once the circuit court reviews and approves it, the plan is incorporated into the final judgment and becomes determinative of parenting time rights. Parents do not always agree. When they cannot, or when either parent asks the court to develop a detailed plan, the court creates one in the child's best interest.

The goal is to give the noncustodial parent sufficient access for quality parenting time while ensuring the safety of everyone involved. If a noncustodial parent has committed abuse other than the rape-related situation described above, the court must still act. It must make adequate provision for the safety of the child and the other parent when awarding that parent parenting time.

Joint custody and mediation

Oregon law separately addresses joint custody in ORS 107.169 and allows a parent to request joint custody and ask the court to order mediation under ORS 107.179. Oregon's circuit courts generally offer or require mediation services. These help parents resolve custody and parenting time disagreements before a contested hearing. The specific local mediation program and any fees can vary by county. A parent should confirm the mediation process available through the specific Oregon circuit court handling the case.

Where to file and getting help

Oregon custody cases are filed in the circuit court for the appropriate county. The Oregon Judicial Department's Family Law program pages, and Oregon Law Help, provide self-help information and forms. These help parents handling a custody, divorce, or parenting time matter without a lawyer. Oregon's court self-help materials are organized by program area, not a single dedicated custody page. A parent should start with the Judicial Department's family law section and the circuit court clerk's office for county-specific forms and procedures.