Hiring a Child Custody Lawyer in Oregon
How courts in Oregon decide custody, emergency custody, parenting classes, how to check a lawyer's license, and free or low-cost family law help. We do not recommend or rank lawyers.
What a lawyer costs in Oregon: fee rules
| Rules on contingency fees | Oregon Rule of Professional Conduct 1.5 prohibits illegal or clearly excessive fees, listing whether a fee is fixed or contingent among the reasonableness factors. Rule 1.5(c) bars fees in domestic relations matters contingent on securing a divorce or on the amount of spousal or child support or a property settlement, and contingent fees for defending a criminal case. |
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| If you disagree with a lawyer's bill | The Oregon State Bar's Board of Governors voted to sunset its Fee Dispute Resolution Program effective September 25, 2026, so the program is no longer available. The bar points to its Client Security Fund for losses caused by dishonest conduct and notes that small claims court may be an option for fee disputes of $10,000 or less. |
| If a lawyer takes your money | The Oregon State Bar's Client Security Fund may reimburse money or property taken through dishonest conduct by an Oregon lawyer or licensed paralegal while providing legal services or acting as a fiduciary. It does not cover negligence or malpractice, business or investment dealings (including loans), interest, or losses paid by insurance or bonds. Generally the lawyer must have been convicted of a crime or be subject to a civil judgment (for losses of $5,000 or less, disbarment, suspension, reprimand or resignation also qualifies), and you must have tried unsuccessfully to recover; awards are discretionary. The maximum award is $100,000 for misconduct on or after January 1, 2022 ($50,000 for earlier conduct), and no more than the fees paid or money received. Claims must be filed within two years of the latest of the conviction, judgment, discipline or resignation, or when you knew or should have known of the loss, and never more than six years after the loss. Apply online or mail the signed application to Oregon State Bar, PO Box 231935, Tigard, OR 97281; a lawyer is not required. |
Oregon rules to know first
| How custody is decided | 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. Source: ORS 107.137; ORS 107.169(3) |
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| Emergency custody | 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. Source: ORS 107.097 |
| Parenting classes | 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. Source: ORS 3.425; ORS 107.755 |
| Grandparents' rights | A grandparent (or other person, such as a stepparent or relative) who has a child-parent relationship or an ongoing personal relationship with a child may petition or move to intervene for custody, visitation or contact. The law presumes a legal parent acts in the child's best interest. For an ongoing personal relationship, the presumption must be rebutted by clear and convincing evidence before the court will grant visitation or contact; for a child-parent relationship, a preponderance of the evidence is required. Source: ORS 109.119 |
Find and check a lawyer
| Lawyer referral service | The Oregon State Bar's Legal Referral Service refers you to a lawyer near you (or near where help is needed) who may be able to help. Use the online referral request form or call 503-684-3763 (toll-free in Oregon 800-452-7636); staff work remotely and do not accept walk-ins. You must contact the lawyer within two business days to schedule an initial consultation of up to 30 minutes for a maximum fee of $50; additional fees are arranged directly with the lawyer. Participating attorneys charge for their services; the service does not offer free or pro bono attorneys. The bar's Modest Means Program offers reduced rates to eligible moderate-income Oregonians. |
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| Check that the lawyer is licensed | The Oregon State Bar's Licensee Directory can be searched by last name, first name, bar number or city (including previous names). The bar describes it as a convenience for finding licensees' contact information, not a complete listing; the Client Assistance Office says it also includes disciplinary history. A Good Standing Certificate can be ordered from the bar. Help: (503) 620-0222 x0, (800) 452-8260 x0 or info@osbar.org. |
| Check discipline history or file a complaint | The Oregon State Bar's Client Assistance Office (CAO) reviews all complaints about lawyer and licensed paralegal conduct. Submit online with the ethics complaint form or mail a written complaint (no particular form required; send copies, not originals, on one side of each page) to Oregon State Bar, PO Box 231935, Tigard, OR 97281. The CAO sends a copy to the lawyer and gives you a copy of any written response; it dismisses complaints without enough basis or refers them to Disciplinary Counsel's Office for investigation, after which the State Professional Responsibility Board may dismiss, admonish or authorize formal charges. All documents the bar receives are considered public records. Disciplinary history is shown in the Licensee Directory, and records can be requested through the bar's public records portal. Phone: (503) 620-0222 or (800) 452-8260. |
Free legal help
| Free legal aid | The Oregon Judicial Department's Get Help page points people to Oregon Law Help for free legal information and help finding free or low-cost lawyers, and notes that many courts have family law facilitators who give free information and assistance to self-represented people in family law cases. LSC lists Legal Aid Services of Oregon as its Oregon grantee. LSC grantee list: https://www.lsc.gov/about-lsc/our-grantees |
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Last verified against official sources: October 27, 2026.
How we source this page: each state-specific rule links to the statute, court rule or official government page it comes from. A rule taken from a public copy of a state code (used only where the official code is not freely readable online) is marked as a secondary source. Spot an error? Use the contact page to report it. About our sources
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.