Oregon Dissolution of Marriage With Children — Custody and Child Support (2026)

Oregon requires a Parenting Plan in every dissolution with minor children. Oregon has detailed statutory requirements for what a Parenting Plan must include — more detailed than most states.

Oregon Custody Terminology

Legal Custody

Authority to make major decisions about education, healthcare, religious upbringing, and activities.

• Joint legal custody: Both parents share major decisions — requires the agreement of both parents (Oregon courts cannot impose joint legal custody over one parent's objection)
• Sole legal custody: One parent makes major decisions — default when parties disagree

Important Oregon rule: Courts cannot award joint legal custody if one parent objects. Joint legal custody in Oregon requires voluntary agreement.

Physical Custody

Where the child primarily lives.

• Primary physical custodian: Parent with whom the child lives most of the time
• Parenting time: The other parent's scheduled time with the child

Best Interest Standard — ORS 107.137

Oregon courts determine custody based on the best interest of the child:

1. Emotional ties between child and other family members
2. Interest of parties in and attitude toward the child
3. Desirability of continuing existing relationships
4. Abuse of one parent by the other (domestic violence is a strong factor)
5. Preference of the child if of sufficient age and capacity
6. Willingness and ability of each parent to facilitate and support relationship with the other parent
7. Child's adjustment to home, school, and community

Oregon Parenting Plan — Statutory Requirements

Oregon statute (ORS 107.102) requires Parenting Plans to include specific provisions. An Oregon Parenting Plan must address:

Residential schedule:

• Regular school-year schedule (specific days and times for each parent)
• Summer and school-break schedule
• Holiday schedule (specific holidays by name with alternating or fixed assignment)

Decision-making:

• How major decisions are made (joint or sole)
• Process for resolving disagreements

Communication:

• Each parent's contact with the child (calls, texts, video)
• Child contacting each parent

Transportation:

• Who provides transportation; where exchanges occur
• Cost sharing

Relocation:

• Required notice to the other parent if relocating
• Oregon has specific relocation statutes — at least 60 days' notice for moves that significantly change the parenting schedule

Dispute resolution:

• Process for resolving Parenting Plan disputes before returning to court (often mediation first)

Oregon Child Support Guidelines

Oregon uses the Income Shares Model. Both parents' incomes are used.

Online calculator: oregonchildsupport.gov — Oregon's official child support calculator.

Factors:

• Both parents' monthly gross income (after allowable deductions)
• Number of children
• Parenting time (the amount of parenting time each parent has affects the guideline amount)
• Child care costs related to employment
• Health insurance premiums paid for the child
• Extraordinary health, educational, or other expenses

Duration: Support ends when the child turns 18 (or 21 if still in school — verify current statute for the attending provision).

Last reviewed: March 2026 | Joint custody requires agreement of both parents | ORS 107.102 Parenting Plan requirements | oregonchildsupport.gov calculator | Support may extend to 21 if in school

Last reviewed: March 2026 · Verify current fees and forms with your local court before filing.