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Oregon family-law guide · reviewed August 22, 2026

Oregon Custody & Parenting Time

Current, source-linked Oregon terminology and rules without imported out-of-state formulas.

Legal information, not legal advice. Oregon law and local practice can change. Verify forms, fees, filing methods, service, and hearing procedure with the clerk of the Circuit Court receiving your case.

Oregon terminology

Legal custody

The right to make major decisions (education, health, religion). In Oregon, 'custody' means legal custody only.

Parenting time

Where the child lives and how time is divided (also called visitation). There is no separate 'physical custody' award.

Best interests

The standard; decided on 6 factors in ORS 107.137(1).

Parenting plan

Required in cases involving parenting time (ORS 107.102).

Core rules

  • Oregon uses 'custody' to mean legal custody (decision-making); where the child lives is handled through 'parenting time' (visitation)
  • The court gives primary consideration to the child's best interests and welfare (ORS 107.137)
  • 6 best-interest factors (ORS 107.137(1)); no single factor may be isolated
  • No preference to mother over father (or vice versa) based on gender (ORS 107.137(5))
  • Joint custody is available only if BOTH parents agree (ORS 107.169)
  • A parenting plan is required (ORS 107.102); equal parenting time may be ordered
  • Cases are heard in Circuit Court

Support and modification cautions

Oregon uses the Income Shares model (ORS 25.275 / OAR 137-050). Custody modification needs a substantial change in circumstances plus best interests; child support needs a substantial change. A parent with 73+ overnights of parenting time a year may earn a credit.

Official sources reviewed August 22, 2026

Always confirm current local forms, fees, and filing procedure with the clerk of the Oregon Circuit Court handling your case.

Confirm current court fees and deadlines. Court fees, filing and response deadlines, hearing timing, notice periods, and local procedures can change or vary by Oregon circuit and court. Before relying on any amount or time period on this page, confirm the current amount or deadline with the court or Circuit Court clerk handling your case.