Child Custody Laws in Oregon

The court gives primary consideration to the best interests and welfare of the child, including emotional ties with family members, each party's interest in and attitude toward the child, the value of continuing an existing relationship, abuse of one parent by the other, a preference for a fit primary caregiver, and each parent's willingness to encourage the child's relationship with the other parent. No custody preference may be based solely on a parent's gender. If a parent committed abuse, there is a rebuttable presumption against giving that parent sole or joint custody. Joint custody can be ordered only if both parents agree to its terms. The custody factors in the statute do not set an age for the child's preference.

A court generally may not issue a temporary custody or parenting time order without notice to the other side (ex parte). The exception: the court may issue an ex parte temporary custody or parenting time order if the requesting party appears in court with a sworn affidavit or declaration alleging the child is in immediate danger and the court finds the child is in immediate danger, meaning a present risk of physical harm, severe psychological damage, sex abuse, severe neglect or similar harm. Homelessness, illness or poverty alone is not enough. A party can also apply, by affidavit or declaration, for a temporary prejudgment status quo order that stops either parent from changing the child's residence or routine, hiding the child, or leaving the state with the child. The order must be served on the other party, who may request a hearing at any time; the court must try to hold the hearing within 14 days and must hold it within 21 days.

Each circuit court may set up a parent education program about the impact of divorce or separation on children, and the court may order parties in divorce, separation, custody and parenting time cases to attend unless the court approves an exception. A certificate of completion must be filed before judgment, and providers may not turn away a person the court finds unable to pay. Separately, every judicial district must provide a mediation orientation session, and parties in cases where custody or parenting time is disputed must attend it before the court decides those issues (unless an exception applies); mediation must be available in those cases.