If you only remember one point about child custody and parenting time in Oregon, remember this: Oregon uses Legal custody and parenting time (physical custody).. Courts apply best-interests factors under ORS 107.137, including the child’s emotional ties, each parent’s interest in and attitude toward the child, and any history of abuse. Joint custody may be ordered only if both parents agree; otherwise one parent receives sole custody with parenting time to the other. Procedure, examples, and the opinions below hang off Or. Rev. Stat. §§ 107.095 to 107.137. Relocation: A parent seeking to relocate with the child generally must provide notice and may need modification of parenting time; best interests control. Modification: A substantial change of circumstances is required to modify custody; parenting-time modifications may use a lighter best-interests standard.
Relocation with a child
A parent seeking to relocate with the child generally must provide notice and may need modification of parenting time; best interests control.
Walking through Oregon facts
Use this walkthrough to see which Oregon authority does the work at each step.
Two parents in Oregon disagree about where the child lives during the school week, and one wants to move.
- Use the labels Oregon actually uses: Legal custody and parenting time (physical custody)..
- Apply the best-interests factors: Courts apply best-interests factors under ORS 107.137, including the child’s emotional ties, each parent’s interest in and attitude toward the child, and any history of abuse.
- Check any parenting presumption: Joint custody may be ordered only if both parents agree; otherwise one parent receives sole custody with parenting time to the other.
- If a move is proposed: A parent seeking to relocate with the child generally must provide notice and may need modification of parenting time; best interests control. Later changes follow: A substantial change of circumstances is required to modify custody; parenting-time modifications may use a lighter best-interests standard.
Custody and parenting time are addressed in dissolution or a custody petition. Mediation is often required. Final judgments allocate custody and a parenting-time schedule.
Modifying a Oregon custody order
A substantial change of circumstances is required to modify custody; parenting-time modifications may use a lighter best-interests standard.
How custody cases typically move in Oregon
Custody and parenting time are addressed in dissolution or a custody petition. Mediation is often required. Final judgments allocate custody and a parenting-time schedule.
Related Oregon guides
Case law: custody and parenting time in Oregon
STATE OF OREGON, Department of Human Resources, Ex Rel Pam JOHNSON, Respondent on Review, v. Jason BAIL, Petitioner
…cision with respect to that parent’s motion to modify child custody. We hold: (1) If circumstances relating to the capability of one or both parents to care for their child have changed since the previous custody arrangement, then the requirement that there be a change in circumstances before a court will consider modifying custody is satisfied, whatever the reason for the chan…
On child custody, STATE OF OREGON, Department of Human Resources, Ex Rel Pam JOHNSON, Respondent on Review, v. Jason BAIL, Petitioner speaks to the Oregon dispute in this passage: "cision with respect to that parent’s motion to modify child custody. We hold: (1) If circumstances relating to the capability of one or both parents to care for their child have changed since the previous custody arrangement, then the requirement that there be a change in circums" The surrounding opinion shows how the court applied that language to the record.
In the Matter of the Marriage of Sabrina TEEL-KING, Nka Sabrina Teel-Tedford, Appellant, and Jeffrey Alan KING
…t that modifies a dissolution judgment, terminates her sole custody and awards sole custody of the parties’ child to father. She contends that the trial court erred in holding that the best interests of the child are served by the change in custody, without first determining that there was a change of circumstances. On de novo review, ORS 19.125(3), we reverse and remand. In 19…
In the Matter of the Marriage of Sabrina TEEL-KING, Nka Sabrina Teel-Tedford, Appellant, and Jeffrey Alan KING is worth reading on Oregon child custody because the court put the point in its own words: "She contends that the trial court erred in holding that the best interests of the child are served by the change in custody, without first determining that there was a change of circumstances. On de novo review, ORS 19.125(3), we reverse and remand." Use that passage as the starting point, then read the facts that precede it.
In the Matter of Brenda Shuree Lauffenberger, a Child. STATE Ex Rel JUVENILE DEPARTMENT OF LANE COUNTY Et Al
…e. The juvenile court placed Brenda in the Menges’ physical custody with legal custody in the Children’s Services Division (CSD). In 1985 CSD filed petitions to terminate the parental rights of both parents, which the court denied in 1986. Judge Woodrich found the father, who had left the service and was remarried and employed, to be a fit parent. The petition against Brenda’s…
On child custody, In the Matter of Brenda Shuree Lauffenberger, a Child. STATE Ex Rel JUVENILE DEPARTMENT OF LANE COUNTY Et Al speaks to the Oregon dispute in this passage: "The juvenile court placed Brenda in the Menges’ physical custody with legal custody in the Children’s Services Division (CSD). In 1985 CSD filed petitions to terminate the parental rights of both parents, which the court denied in 1986." The surrounding opinion shows how the court applied that language to the record.
In the Matter of the Marriage of Eric Michael WILSON, Respondent, and Monique Alwien Quade WILSON, Appellant
…J. The trial court in this dissolution case awarded husband custody of two children. The older child is the biological daughter of wife and the stepchild of husband. The younger child is the biological daughter of husband and wife. The trial court also awarded husband $10,000 for attorney fees. Wife appeals the custody and attorney fees decisions. We review the custody decision…
On child custody, In the Matter of the Marriage of Eric Michael WILSON, Respondent, and Monique Alwien Quade WILSON, Appellant speaks to the Oregon dispute in this passage: "J. The trial court in this dissolution case awarded husband custody of two children. The older child is the biological daughter of wife and the stepchild of husband. The younger child is the biological daughter of husband and wife." The surrounding opinion shows how the court applied that language to the record.
In the Matter of the Marriage of WELBY, Nka Stuart, Respondent, and WELBY, Appellant
…. WARREN, Judge. Father appeals from an order modifying the custody provision of a dissolution judgment to transfer custody from him to mother. In April, 1984, the parties entered into an agreement which gave father custody of the child. The agreement followed a custody investigation by Multnomah County Family Services, which recommended that custody be given to father. The agr…
On child custody, In the Matter of the Marriage of WELBY, Nka Stuart, Respondent, and WELBY, Appellant speaks to the Oregon dispute in this passage: "WARREN, Judge. Father appeals from an order modifying the custody provision of a dissolution judgment to transfer custody from him to mother. In April, 1984, the parties entered into an agreement which gave father custody of the child." The surrounding opinion shows how the court applied that language to the record.
State v. D. J. P.
State v. D. J. P., 342 Or. App. 422 (2025)
…udicated youth who is at least 12 years of age in the legal custody of [OYA] for care, placement and super- vision” and requires that, in the order doing so, the court “include written findings describing why it is in the best interests of the adjudicated youth to be placed with [OYA].” We review the sufficiency of the juvenile court’s written findings pursuant to ORS 419C.478(…
State v. D. J. P. is worth reading on Oregon child custody because the court put the point in its own words: "OYA] for care, placement and super- vision” and requires that, in the order doing so, the court “include written findings describing why it is in the best interests of the adjudicated youth to be placed with [OYA]." Use that passage as the starting point, then read the facts that precede it.
In the Matter of the Marriage of John Paul EPLER, Respondent on Review, and Andrea Michelle EPLER, Nka Andrea
…modify a stipulated dissolution judgment that granted legal custody to respondent (grandmother); and (2) whether mother must demonstrate a substantial change in circumstances to modify the dissolution judgment. The trial court denied mother’s motion to modify the judgment and grant custody to her based on the change-in-circumstances rule and the best interest of the child, and…
Practitioners open In the Matter of the Marriage of John Paul EPLER, Respondent on Review, and Andrea Michelle EPLER, Nka Andrea when Oregon child custody turns on the distinction in this sentence: "modify a stipulated dissolution judgment that granted legal custody to respondent (grandmother); and (2) whether mother must demonstrate a substantial change in circumstances to modify the dissolution judgment. The trial court denied mother’s motion to modify the judgment and gra" Do not lift it out of the facts the court was deciding.
Key takeaways
- Best-interests standard: Courts apply best-interests factors under ORS 107.
- Labels used in Oregon: Legal custody and parenting time (physical custody)..
- Parenting-time posture: Joint custody may be ordered only if both parents agree; otherwise one parent receives sole custody with parenting time to the other.
- Relocation: A parent seeking to relocate with the child generally must provide notice and may need modification of parenting time; best interests control.
- Modification: A substantial change of circumstances is required to modify custody; parenting-time modifications may use a lighter best-interests standard.
- Primary authority: Or. Rev. Stat. §§ 107.095 to 107.137.
Best-interests factors in Oregon
Courts apply best-interests factors under ORS 107.137, including the child’s emotional ties, each parent’s interest in and attitude toward the child, and any history of abuse.
Legal custody, physical custody, and parenting time
Legal custody and parenting time (physical custody).
Joint custody may be ordered only if both parents agree; otherwise one parent receives sole custody with parenting time to the other.
Frequently asked questions
What does Oregon call “custody”?
Legal custody and parenting time (physical custody).
Can I move out of state with my child?
A parent seeking to relocate with the child generally must provide notice and may need modification of parenting time; best interests control.
How do I change an existing custody order in Oregon?
A substantial change of circumstances is required to modify custody; parenting-time modifications may use a lighter best-interests standard.
This guide covers Oregon custody law as of 2026. Verify the live statute and any local parenting-time guidelines before relying on this summary.