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Oregon Parenting Plan

An Oregon parenting plan sets out custody and the parenting-time schedule two parents file with the court under the best interests of the child standard. Attorney review available.

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Introduction

A parenting plan is the written document Oregon parents file to set out custody and a parenting-time schedule for their children, and it is used whether the parents are divorcing, were never married, or need to change an existing order. In Oregon, custody may be joint or sole, and it covers who makes the major decisions about a child's residence, education, health care, and religious training. Oregon is different from many states in one important way: in any proceeding that establishes or modifies parenting time, a parenting plan must be developed and filed with the court and included in the judgment (Oregon Revised Statutes Section 107.102). The plan may be general or detailed. An Oregon court decides custody by giving primary consideration to the best interests and welfare of the child, weighing factors that include the emotional ties between the child and family members, each parent's interest in and attitude toward the child, and each parent's willingness to support the child's relationship with the other parent (ORS 107.137). Oregon does not force joint custody on parents who do not want it: the court shall not order joint custody unless both parents agree to the terms and conditions of the order (ORS 107.169(3)). DocDraft builds your Oregon parenting plan from your family's schedule, with attorney review available before you file it with the court.

Key Things to Know

  1. 1

    A parenting plan is a written document that records custody and a parenting-time schedule for a family's children, used when parents divorce, when they were never married, or when an existing order needs to change.

  2. 2

    Oregon requires a parenting plan: in any proceeding to establish or modify parenting time, a parenting plan must be developed and filed with the court and included in the judgment (Oregon Revised Statutes Section 107.102).

  3. 3

    In Oregon custody may be joint or sole, and it covers the major decisions about a child's residence, education, health care, and religious training.

  4. 4

    An Oregon court decides custody by giving primary consideration to the best interests and welfare of the child, weighing the factors in ORS 107.137.

  5. 5

    Oregon does not force joint custody: the court shall not order joint custody unless both parents agree to the terms and conditions of the order (ORS 107.169(3)).

  6. 6

    An Oregon parenting plan may be general or detailed; a detailed plan sets out the weekday, weekend, holiday, and vacation schedule and how the parents will make decisions and resolve disputes.

  7. 7

    The plan binds only after the judge approves it and folds it into the judgment, and whether a co-parenting course is required depends on the Oregon county rather than a single statewide rule.

Key decisions before you file

Before you file a Parenting Plan in Oregon, a few decisions shape the document: which option to choose and what each one means. The Parenting Plan guide walks through them.

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Oregon Requirements for Parenting Plan

  • Parenting Plan Required and Filed

    Oregon requires a parenting plan. In any proceeding to establish or modify a judgment providing for parenting time with a child, a parenting plan must be developed and filed with the court and included in the judgment (Oregon Revised Statutes Section 107.102). The plan may be general or detailed.

  • Joint or Sole Custody

    In Oregon custody may be joint or sole, and it covers the authority to make major decisions about a child's residence, education, health care, and religious training. Joint custody means the parents share that decision-making; sole custody places it with one parent (Oregon Revised Statutes Section 107.169).

  • Best Interests and Welfare Standard

    An Oregon court decides custody by giving primary consideration to the best interests and welfare of the child, weighing factors that include the emotional ties between the child and family members, each parent's interest in and attitude toward the child, any abuse of one parent by the other, and each parent's willingness to support the child's relationship with the other parent (Oregon Revised Statutes Section 107.137).

  • No Joint Custody Without Agreement

    Oregon does not force joint custody. The court shall not order joint custody unless both parents agree to the terms and conditions of the order (Oregon Revised Statutes Section 107.169(3)). If one parent does not agree, the court awards sole custody to one parent under the best interests standard while setting parenting time for the other.

  • Decision-Making Provisions

    Your Oregon parenting plan should state whether custody is joint or sole and how the parents will make major decisions about the children's education, health care, religious training, and residence. Under joint custody both parents share this authority; under sole custody one parent decides (Oregon Revised Statutes Section 107.169).

  • Parenting-Time Schedule

    Your plan should describe the parenting-time schedule: the regular weekday and weekend routine, holidays, school breaks, and summer, plus exchanges and transportation. An Oregon parenting plan may be general or detailed, and a detailed plan reduces conflict by telling the court and both parents exactly what schedule applies (Oregon Revised Statutes Section 107.102).

  • Court Approval and Judgment

    An Oregon parenting plan takes effect only when the court approves it and includes it in the judgment (Oregon Revised Statutes Section 107.102). When the parents agree, they submit their plan and the court adopts it if it finds the arrangement serves the child's best interests (Section 107.137).

  • Parenting Class Set Locally

    Many Oregon circuit courts require parents in a case involving children to complete a parent-education program before the case is finished, but the requirement and approved provider are set by the local circuit court, not by a single statewide class. Check the rules of the Oregon circuit court where your case is filed.

Frequently Asked Questions