Joint vs. Sole Custody in Oregon: Is There a Presumption of Equal Time?
Oregon does not presume joint custody: the court cannot order it unless both parents agree to its terms. Custody turns on the child’s best interests, and a parent who committed abuse faces a rebuttable presumption against sole or joint custody.
Is joint custody presumed in Oregon?
No. In determining custody the court gives primary consideration to the best interests and welfare of the child, and it shall not order joint custody unless both parents agree to the terms and conditions of the order; when parents have agreed to joint custody the court may not overrule that agreement by ordering sole custody (ORS 107.137(1); 107.169(3)-(4)).
What is joint custody in Oregon?
An arrangement by which parents share rights and responsibilities for major decisions about the child, including residence, education, health care and religious training; an order can name one home as the primary residence and give one parent sole power over specific matters, and a joint custody order does not by itself decide each parent’s support responsibility (107.169(1)-(2)).
What are the best-interest factors in Oregon?
The emotional ties between the child and other family members; the parties’ interest in and attitude toward the child; the desirability of continuing an existing relationship; the abuse of one parent by the other; the preference for the primary caregiver if fit; and each parent’s willingness and ability to facilitate a close and continuing relationship between the child and the other parent, which the court may not consider if one parent shows the other sexually assaulted or engaged in a pattern of abuse and a continuing relationship will endanger a parent or child (107.137(1)).
What does abuse do to custody in Oregon?
If a parent has committed abuse as defined in ORS 107.705, there is a rebuttable presumption that it is not in the child’s best interests and welfare to award sole or joint custody to that parent (107.137(2)).
Can the court consider a parent’s lifestyle, income or disability in Oregon?
The court considers a party’s conduct, marital status, income, social environment or lifestyle only if it is shown to be causing or likely to cause emotional or physical damage to the child, and may not consider a disability unless related behaviors or limitations endanger the child (107.137(3)-(4)).
Is there a preference for mothers or fathers in Oregon?
No. No preference in custody may be given to one parent over the other based solely on gender (107.137(5)).
How can a joint custody order be changed in Oregon?
Modification requires a showing of changed circumstances and a showing that the change is in the child’s best interests, and inability or unwillingness to keep cooperating is itself a change of circumstances (107.169(5)).
Can the court limit contact after abuse in Oregon?
The court may deny parenting time to the noncustodial parent only if it finds parenting time would endanger the child’s health or safety, except it must deny it to a parent convicted of rape that resulted in the child’s conception (107.105(1)(b)).
What is the policy behind parenting plans in Oregon?
To assure children frequent and continuing contact with parents who have shown the ability to act in the child’s best interests, to encourage parents to share the rights and responsibilities of raising them, and to give parents and courts the widest discretion in developing a plan (ORS 107.101).
How does custody connect to support in Oregon?
The schedule sets the overnights that child support uses. Count your schedule with the Oregon parenting time calculator and run the Oregon child support calculator.
Frequently asked questions
Does Oregon favor joint custody?
No. The court cannot order joint custody unless both parents agree.
How does Oregon decide custody?
On the child’s best interests and welfare, with listed factors and a presumption against custody for a parent who committed abuse.
Does Oregon prefer mothers or fathers?
No. No preference may be based solely on gender.
Does domestic violence affect Oregon custody?
Yes. Abuse of a parent is a factor and raises a rebuttable presumption against sole or joint custody for the abuser.
Can an Oregon joint custody order be changed?
Yes, on changed circumstances and the child’s best interests; a parent’s unwillingness to cooperate counts as a change.
Official sources
- ORS chapter 107: custody, parenting plans and notice of change of residence (107.101, 107.102, 107.105, 107.137, 107.159, 107.169)
- Oregon Child Support Guidelines and commentary: parenting time credit (OAR 137-050-0730)
A local family law attorney can review your situation — many offer a free consultation.
This is general information, not legal advice. It is based on the cited Oregon statutes, rules and court opinions, and every case turns on its own facts. Confirm how the law applies to your situation with a licensed Oregon attorney.