Child Custody Factors
In determining the custody arrangement that would suit the best interests of a child, Oregon law takes the following factors into consideration:
- The child’s bonds with other family members
- The parent’s interest in and attitude toward their parenting duties
- The parent’s openness to supporting a healthy relationship between the child and the other parent
- Any history of abuse of one parent by the other
Oregon law does not specifically require judges to consider the child’s preference about where they would like to live. However, in practice, many judges will take this into account if appropriate, especially when the child is of a more mature age.
How to File for Custody in Oregon
If the child is in immediate danger or in cases involving domestic violence, the process for establishing custody is different. Temporary orders and expedited hearings can be granted.[1] To learn about obtaining a restraining order, visit the Oregon Judicial Branch Family Abuse Prevention Act resource page.
1. Agree on a Parenting Plan
The first step in a custody case is to create a parenting plan detailing the proposed arrangement.[2] At a minimum, this plan should cover the division of responsibilities and the parenting time (or visitation) to which the non-custodial parent will be entitled.
It is highly recommended that both parents try to agree on the terms of custody in order to present a unified front to the court. Otherwise, the court may create a parenting plan on their behalf.
2. Calculate Child Support
Parents may use the Oregon Child Support Calculator to estimate how much child support may be awarded by the court. Under the Oregon Child Support Guideline Rules, both parents’ income is considered when determining the amount.[3]
Complete the Child Support Worksheet to submit to the court.
3. File Paperwork
Custody is determined as part of the divorce or legal separation process if the parents are married. If the parents are unmarried and paternity is documented, either parent can file a petition with the local circuit court. If the parties agree on all the terms of the parenting plan, one parent can file and the other can simply accept the Judgment.
A filing fee of $301 will apply;[4] fee waivers are available for those with demonstrated financial need.
4. Serve Respondent
After filing with the court, the petitioner must serve a copy of the petition forms on the other parent. The petitioner can deliver the forms personally, ask a competent person to deliver them on their behalf, or initiate a formal process of service through the sheriff’s department for a $45 fee. A Certificate of Service must be filed by the person who serves the papers.
5. Resolution
The respondent must file a response by the deadline[5] (varies by county), after which the court will initiate the process of mediation or trial. If the respondent does not file by the deadline, the petitioner may be granted a judgment by default.
Custody Laws
- Temporary Orders: § 107.097
- State Policy Regarding Parenting: § 107.101
- Parenting Time (Visitation): § 107.105
- Authority of Non-Custodial Parent: § 107.154
- Parents’ Duty to Share Information: § 107.164
- Uniform Child Custody Jurisdiction and Enforcement Act: Title 11, Chapter 109
Related Forms
