Co-Parenting App for Oregon Parents

What Oregon courts consider in custody decisions

Oregon courts consider factors under § 107.137 including the emotional ties between the child and other family members, each parent's interest in and attitude toward the child, the desirability of continuing an existing relationship, any abuse of one parent by the other, the preference for the primary caregiver of the child (if the primary caregiver is deemed fit), and each parent's willingness and ability to facilitate and encourage a close and continuing relationship between the other parent and the child. Oregon is distinctive in that under § 107.169, the court cannot award joint custody unless both parents agree to it — a judge may not impose joint custody over either parent's objection. Oregon courts also specifically consider any history of abuse of the child by either parent.

How the custody process works in Oregon

Oregon custody cases are filed in Circuit Court. Because joint custody requires the agreement of both parents under § 107.169, contested cases typically result in sole custody to one parent with parenting time for the other. The court may refer parties to mediation through court-connected conciliation services and may appoint a custody evaluator or a parenting coordinator in high-conflict cases. Oregon requires that any custody or parenting time order include a detailed parenting plan. Under § 107.159, a parent proposing to relocate must provide written notice to the other parent.

Key Oregon custody statutes

• Or. Rev. Stat. § 107.137
• Or. Rev. Stat. § 107.169
• Or. Rev. Stat. § 107.159