Oregon parental rights cover three things: the authority to make major decisions for your child, the right to spend time with them, and the ability to ask a court to enforce or adjust those rights when circumstances change. Every decision a judge makes about these rights must serve the best interests and welfare of the child.1Justia. ORS § 107.137
Custody and Decision-Making Authority
In Oregon, custody is the legal power to make major decisions about your child’s life: where they go to school, what medical care they receive, and how they are raised religiously. It is separate from the day-to-day schedule of who the child lives with.
Joint custody means both parents share this decision-making authority. A court cannot impose joint custody on parents who don’t want it. It can only be ordered if both parents agree. If a joint custody arrangement is already in place and the parents later become unable or unwilling to cooperate, that breakdown can itself be grounds to change the order.2Justia. ORS § 107.169
How a Judge Decides Custody
Oregon law is gender-neutral. A court cannot favor a mother or father based on sex. Instead, it weighs specific factors about the child’s relationships and each parent’s conduct:1Justia. ORS § 107.137
- The emotional ties between the child and other family members.
- The interest each parent shows in the child and their attitude toward parenting.
- Any history of abuse by one parent against the other.
- Each parent’s willingness to encourage a close relationship between the child and the other parent.
A judge can order professional evaluations of the parents and children, or appoint an attorney to represent the child, before ruling.3Justia. ORS § 107.425
Parenting Time and the Parenting Plan
Parenting time is the actual schedule of when your child is with each of you. Oregon policy treats close contact and substantial time with both parents as generally valuable, and a judge can only deny parenting time on evidence that visits would endanger the child’s health or safety.4Justia. ORS § 107.105
Every custody or parenting time case must include a parenting plan setting out the schedule for daily life, holidays, and vacations. If you and the other parent agree on a plan, the court still has to review it and confirm it protects the child. If you can’t agree, the court will write one.5Justia. ORS § 107.1024Justia. ORS § 107.105
Changing an Order and Moving Away
Custody and parenting time orders can be revisited. To ask for a change, you file a motion with the court. For a major change like switching custody, you generally have to show a substantial change in circumstances since the original order.6Justia. ORS § 107.135
Relocation has its own rule. Most custody judgments must include a term that neither parent can move to a home more than 60 miles further from the other parent without giving reasonable notice to the other parent and the court.7Justia. ORS § 107.159 If you object to the other parent’s planned move, you can file a motion asking the court to block the relocation or to adjust custody and parenting time. The court decides based on the child’s best interests and the effect on the child’s bond with each parent.6Justia. ORS § 107.135
Enforcing Your Rights
If the other parent won’t follow the schedule, you can file a motion for enforcement. Oregon uses an expedited process for these disputes. If the court finds a violation, it can:8Justia. ORS § 107.434
- Award extra parenting time to make up for missed visits.
- Rewrite the parenting plan with more specific terms.
- Hold the other parent in contempt, which can carry fines, community service, or jail.
More serious situations trigger additional tools. If a child is being kept from you in violation of a custody order, you can request an order of assistance so law enforcement can help recover the child.9Justia. ORS § 107.437 A parent who removes a child from the state or endangers the child during a custody violation may face first-degree custodial interference, a felony.10Justia. ORS § 163.257
When Parental Rights Can Be Ended
Termination of parental rights is a separate track from custody disputes between parents. Only the state or the child can petition to terminate, usually to free a child for adoption, and the court must find both that termination serves the child’s best interests and that the grounds are proven by clear and convincing evidence.11Justia. ORS § 419B.50012Justia. ORS § 419B.521
Grounds include unfitness from causes such as chronic substance abuse, and neglect. Neglect can mean failing to provide basic needs like food or medical care, or failing to maintain regular contact for at least six months.13Justia. ORS § 419B.50614Child Welfare Information Gateway. Grounds for Involuntary Termination of Parental Rights – Section: Oregon Once terminated, parental rights are generally gone for good, with only narrow exceptions for reinstatement when it serves the child’s best interest.15Justia. ORS § 419B.532