Child Custody in Oregon
State-specific overview · Family Law
Oregon presumes joint custody is in the child's best interest unless circumstances suggest otherwise.
How Oregon treats Child Custody
Oregon law creates a presumption favoring joint custody arrangements, requiring courts to award joint custody unless doing so would be harmful to the child. The state defines custody in terms of legal custody (decision-making authority) and physical custody (where the child lives) as separate concepts. Courts must consider the child's wishes, the parents' relationship with the child, and the child's adjustment to home and school. Oregon also emphasizes that custody decisions should promote frequent and meaningful contact with both parents when safe.
The general definition of Child Custody
A court's decision about which parent has the right to care for and make decisions for a child.
Child custody refers to the legal authority to care for a child and make important decisions about their upbringing, including where they live, their education, and their medical care. Courts can award sole custody to one parent or joint custody to both parents. The court's primary concern is always the best interests of the child, considering factors like each parent's relationship with the child, stability, and the child's own preferences if they're old enough. Custody is separate from visitation rights, which allow a non-custodial parent to spend time with the child.
Read the full Child Custody entry →This page is a plain-English reference and is not legal advice. State laws change frequently. For specific situations consult a licensed attorney in Oregon.