Oregon Divorce With Children — Custody & Support

When children are involved, a Oregon divorce must address custody, visitation, and child support in addition to property division and spousal support. Courts prioritize the Best interests of the child in every decision §107.137.

Courts determine custody based on the best interests and welfare of the child, considering 6 statutory factors including the emotional ties between the child and each parent, each parent's willingness to cooperate, and any history of domestic violence.

Types of custody

• Legal custody — the right to make major decisions about the child's education, health care, and welfare
• Physical custody — where the child lives day-to-day
• Joint custody — both parents share legal custody, physical custody, or both
• Sole custody — one parent has primary decision-making authority or residential time

Oregon uses an income-shares model to calculate child support.

• Based on combined adjusted gross income of both parents using the Oregon Child Support Guidelines
• Presumptive guideline amount; deviation requires written findings
• Parenting time and childcare costs factored into the calculation
• Income can be withheld directly from the paying parent's employer

Most Oregon courts require a written parenting plan that addresses:

• Regular custody and visitation schedule
• Holiday and vacation time allocation
• Transportation arrangements and exchange locations
• Decision-making authority for education, health, and extracurricular activities
• Communication protocols between parents
• Relocation restrictions and notice requirements

Courts may issue temporary orders for support, custody, exclusive use of the marital home, and other relief during the proceedings. Temporary custody and support orders typically remain in effect until the final decree is entered.

Custody may be modified upon showing a substantial change in circumstances and that modification is in the best interests of the child. §107.135