What are Oregon's best-interest factors for custody?

ORS § 107.137 lists six factors: the emotional ties between the child and other family members, the interest of the parties 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 deemed fit by the court, and each parent's willingness and ability to facilitate a close, continuing relationship between the child and the other parent. No single factor may be considered in isolation.

Is there a presumption against a parent who committed domestic abuse?

Yes, a rebuttable presumption applies that it's not in a child's best interest to award custody to a parent who has committed domestic abuse. Courts also cannot consider one parent's subjective claim of offering 'a better life' based on marital status, income, or lifestyle, or a disability, unless there's clear evidence a disability would endanger the child.

When do I need to give notice before moving with my child in Oregon?

Under ORS § 107.159, every custody and parenting time order must include a provision requiring a parent to give the other parent written notice, with a copy to the court, before moving to a residence more than 60 miles farther from the other parent. Notice must generally be sent at least 60 days before the move, through a method that creates a delivery record, such as certified mail.

Can the notice requirement be waived?

Yes, a court can suspend the notice requirement for good cause, on the parent's motion, including on an ex parte basis. Once the other parent receives proper notice, they can file a motion to prevent the relocation or to modify custody and parenting time.

How is child support calculated in Oregon?

Using the income shares model under ORS § 25.275 and the state's administrative rules: both parents' gross monthly incomes are combined and referenced against the Obligation Scale to determine a base amount, split proportionally by income share. The guidelines cap combined income at $30,000/month, apply a self-support reserve, and give a parenting-time credit when the non-custodial parent has more than about 88 overnights per year.

Oregon, United States

Oregon Child Custody: A Parent's Guide

How child custody works in Oregon, in plain English: legal custody, the best-interest factors, the 60-mile relocation notice rule, and child support.

Legal sources reviewed: August 9, 2026

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In short: Oregon weighs six best-interest factors under ORS § 107.137, with a rebuttable presumption against awarding custody to a parent who has committed domestic abuse. Every custody order must include a 60-mile relocation notice requirement: a parent moving farther than 60 miles from the other parent generally must give 60 days' written notice.

This is an educational overview written for parents, not lawyers. It isn't legal advice. For anything beyond general understanding, talk to a licensed Oregon family law attorney.

What Oregon generally provides

Oregon courts give primary consideration to the best interests and welfare of the child under ORS § 107.137 when determining custody. Six statutory factors guide the analysis, and no single factor can be weighed in isolation from the others. A rebuttable presumption applies against awarding custody to a parent who has committed domestic abuse.

Important terminology

Legal custody: decision-making authority over the child's major life decisions, awarded to one or both parents.
Parenting time: the actual schedule, informed by the same best-interest factors used for the custody decision itself.
Best interest of the child: Oregon's controlling standard under § 107.137, weighed through six specific factors.
60-mile rule: the relocation-notice trigger every Oregon custody order must include under § 107.159.

How custody works in Oregon

The six best-interest factors

Section 107.137 directs courts to weigh the emotional ties between the child and other family members, the interest and attitude of each party toward the child, the desirability of continuing an existing relationship, whether either parent has abused the other, the preference for the primary caregiver if the court finds that parent fit, and each parent's willingness and ability to facilitate a close, continuing relationship between the child and the other parent. These same factors also inform the parenting time schedule.

Limits on what courts can consider

Oregon law explicitly bars judges from favoring a parent based on subjective claims of offering "a better life," tied to marital status, income, social environment, or lifestyle, and from weighing a parent's disability against them unless there's clear evidence it would endanger the child.

Parenting schedules

Once legal custody is set, families commonly build the actual parenting time schedule around patterns like 2-2-3 or week on, week off. See what is a parenting plan for what a strong plan generally covers, how to choose a custody schedule for a general framework, and the custody schedule generator to build the actual calendar.

Moving with your child (relocation)

Under ORS § 107.159, every Oregon custody and parenting time order must include a provision requiring a parent to give the other parent, and the court, written notice before moving to a residence more than 60 miles farther from the other parent than their current residence. Notice must generally be sent at least 60 days before the move, through a method that creates a delivery record, such as certified mail. A court can suspend this requirement for good cause on a parent's motion, including ex parte. Once notice is received, the other parent can file a motion to prevent the relocation or to modify custody and parenting time in response. See moving to another state with shared custody for how relocation standards tend to work more broadly across states.

Common questions

How is child support calculated? Oregon uses the income shares model under ORS § 25.275: both parents' gross monthly incomes are combined and referenced against the state's Obligation Scale, split proportionally by income share. Combined income is capped at $30,000/month, a monthly self-support reserve applies, and a parenting-time credit reduces the obligation when the non-custodial parent has more than roughly 88 overnights a year.

Can a custody order be changed later? Yes, generally on a showing of a substantial change in circumstances and that a modification serves the child's best interest.

What if my co-parent won't follow the parenting time order? You can file a motion to enforce or for contempt with the court. Courts can order makeup parenting time and, in serious or repeated cases, hold a parent in contempt.

Practical considerations

Because every Oregon custody order automatically includes the 60-mile notice rule, it's worth understanding it applies even for moves that feel local, crossing 60 miles within the same metro area can still trigger the requirement, worth discussing directly with an Oregon family law attorney before any significant move. Whatever the order specifies, the operational part that follows it, keeping both households aligned on the same schedule, logging change requests instead of relying on memory, and keeping a record if an enforcement issue arises, is a separate, ongoing piece worth planning for.

Official Oregon resources

Oregon hub

FAQ

Questions, answered

This information is provided for educational purposes only and is not legal advice. Family law varies by individual circumstances and may change over time. Consult a qualified attorney or appropriate official resource for advice about your situation.