Oregon law requires a parenting plan in every custody case under Or. Rev. Stat. § 107.102. The plan can be general or detailed, must specify parenting time, and is incorporated into the final judgment. The dissolution filing fee is $287-$301 as of January 2026, and married-out-of-state spouses need 6 months of Oregon residency.
Key Facts: Parenting Plans in Oregon (2026)
| Item | Oregon Requirement |
|---|---|
| Filing Fee | $287-$301 (dissolution of marriage, varies by county) |
| Waiting Period | No statutory waiting period; uncontested cases finalize in 30-90 days |
| Residency Requirement | 6 months continuous (if married outside Oregon); none if married in Oregon |
| Grounds | No-fault: irreconcilable differences |
| Property Division Type | Equitable distribution (not community property) |
| Governing Statute | Or. Rev. Stat. § 107.102 (parenting plan) |
| Best-Interest Factors | Or. Rev. Stat. § 107.137 |
As of January 2026. Verify the exact filing fee with your local circuit court clerk.
What Is a Parenting Plan in Oregon?
A parenting plan in Oregon is a written document required by Or. Rev. Stat. § 107.102 in every proceeding that establishes or modifies parenting time. The plan outlines how parents share parenting time and responsibilities, and the court incorporates it into the final judgment, where it becomes legally determinative of parenting time rights.
Under Oregon law, the parenting plan Oregon courts require is not optional paperwork. The statute states that in any proceeding to establish or modify a judgment providing for parenting time, a parenting plan must be developed and filed with the court. Once a judge approves the plan, the court incorporates it into the final order. At that point, the parenting plan is determinative of parenting time rights. Oregon distinguishes two types of plans: a general parenting plan that sets the minimum parenting time a noncustodial parent is entitled to and lets parents work out details informally, and a detailed parenting plan that specifies residential schedules, holidays, transportation, communication, and dispute resolution. Most Oregon courts encourage detailed plans because they reduce future conflict and give both parents a clear, enforceable co-parenting schedule.
Custody vs. Parenting Time in Oregon: Two Separate Concepts
Oregon law treats legal custody and parenting time as two distinct legal concepts. Custody refers to decision-making authority over the child's education, health, and religion, while parenting time refers to the actual schedule of when the child lives with each parent. A judge can award sole custody to one parent while still ordering a 50/50 parenting time schedule.
This distinction matters because Oregon courts cannot order joint custody unless both parents affirmatively agree to share it, under Or. Rev. Stat. § 107.169. If one parent objects to joint custody, the court must award sole legal custody to one parent. However, the parenting time schedule operates separately. Under Or. Rev. Stat. § 107.102, the court may order equal parenting time even when one parent holds sole legal custody. If a parent requests equal parenting time, the judge may deny it only by making written findings that equal time is not in the child's best interests or endangers the safety of the parties. This separation lets a sole-custody parent make major decisions while both parents maintain substantial, scheduled contact with the child through a structured parenting time schedule.
What Must an Oregon Parenting Plan Include?
An Oregon detailed parenting plan must address residential schedules, holiday and vacation arrangements, transportation logistics, communication methods, and a process for resolving disputes. A general plan must, at minimum, set forth the minimum amount of parenting time the noncustodial parent is entitled to receive under Or. Rev. Stat. § 107.102.
A strong custody agreement covers far more than a weekly calendar. Oregon's statute permits detailed plans to include provisions giving the noncustodial parent an opportunity to comment on specified matters concerning the child. When drafting a comprehensive co-parenting schedule, include these core elements:
- Regular residential schedule (weekday and weekend rotation)
- Holiday schedule (alternating or fixed-year assignments for 8-12 major holidays)
- Summer and school-break parenting time blocks
- Transportation and exchange locations, with pickup and drop-off times
- Communication rules (phone, video, and how parents share information)
- Decision-making process for education, medical, and religious choices
- Methods for resolving disputes, such as mediation before returning to court
- A relocation clause referencing the 60-mile notice rule
Oregon's Statewide Family Law Advisory Committee publishes model parenting plan forms covering several age-based templates, which the Oregon Judicial Department makes available free through self-help centers.
How Oregon Courts Decide the Best Interests of the Child
Oregon courts determine custody and parenting time using the best-interest factors in Or. Rev. Stat. § 107.137. The statute lists six core factors, and no single factor may be isolated and relied upon to the exclusion of the others. The court gives primary consideration to the welfare of the child.
The six statutory best-interest factors under Or. Rev. Stat. § 107.137 are: (1) the emotional ties between the child and other family members; (2) each party's interest in and attitude toward the child; (3) the desirability of continuing an existing relationship; (4) the abuse of one parent by the other; (5) the preference for the child's primary caregiver, if the caregiver is fit; and (6) the willingness of each parent to facilitate a close relationship between the child and the other parent. Oregon law adds important protections. If a parent committed abuse as defined in Or. Rev. Stat. § 107.705, there is a rebuttable presumption against awarding that parent sole or joint custody. The court cannot penalize a parent for ending an abusive relationship, and it may not consider the friendly-parent factor if one parent shows the other engaged in a pattern of abuse. The statute is also explicitly gender-neutral: no custody preference may be given to a mother over a father, or a father over a mother, solely on the basis of gender.
Common Co-Parenting Schedule Options in Oregon
Oregon parents commonly use 2-2-3, week-on-week-off, and alternating-weekend schedules to structure parenting time. A 2-2-3 rotation produces a 50/50 split across a 14-day cycle, while an every-other-weekend arrangement typically gives the noncustodial parent roughly 20-25% of overnights. The court approves any schedule that serves the child's best interests.
Choosing the right parenting time schedule depends on the children's ages, the distance between homes, and each parent's work schedule. The table below compares the most common Oregon co-parenting schedules:
| Schedule | Time Split | Best For | Exchange Frequency |
|---|---|---|---|
| Week-on-week-off | 50/50 | Older children, cooperative parents | Once per week |
| 2-2-3 rotation | 50/50 | Younger children needing frequent contact | 2-3 times per week |
| 2-2-5-5 | 50/50 | School-age children, predictable weekdays | 2-3 times per week |
| Every other weekend | ~20-25% | Long-distance, work-schedule constraints | Every 2 weeks |
| 3-4-4-3 | 50/50 | Balanced weekday/weekend split | Twice per week |
Oregon courts do not presume a 50/50 split is automatically correct. House Bill 3095, introduced in 2025 to create a rebuttable presumption of equal parenting time, died in committee on June 28, 2025, and did not become law. As a result, Oregon retains its individualized best-interest analysis with no equal-parenting-time presumption. A judge can still order a 50/50 schedule when the evidence supports it.
Oregon Filing Fees and Court Costs in 2026
The filing fee for a dissolution of marriage in Oregon is $287 to $301 as of January 2026, set under Or. Rev. Stat. § 21.155. Most counties charge $301. Co-petitioners filing jointly pay only one fee. Beyond the base fee, parents should budget for parent-education classes ($60-$100 per person) and possible mediation ($100-$300 per hour).
Understanding the full cost helps parents plan for establishing a parenting plan Oregon courts will approve. The base dissolution filing fee under Or. Rev. Stat. § 21.155 ranges from $287 to $301 depending on the county. Additional court-related costs include process server fees of $30-$150, certified copies of the judgment at $5-$25 each, parent-education classes (mandatory in most Oregon counties for divorcing parents) at $60-$100 per person, and court-ordered mediation at $100-$300 per hour. An uncontested dissolution filed without an attorney typically costs $287-$500 total, while attorney-assisted uncontested cases run $1,500-$5,000, with a median near $3,000. Contested custody disputes can exceed $10,000. Parents whose household income is at or below 125% of the federal poverty level (about $19,506 for a single person in 2026), or who receive SNAP, TANF, or SSI benefits, may apply for a fee deferral or waiver using packets available through the Oregon Judicial Department Forms Center.
As of January 2026. Verify the exact filing fee with your local circuit court clerk.
Oregon Residency Requirements for Custody Cases
Oregon requires at least one spouse to be a resident of or domiciled in the state for six continuous months before filing for divorce if the marriage occurred outside Oregon, under Or. Rev. Stat. § 107.075. If the marriage took place in Oregon, no minimum duration applies — either spouse simply needs to be a resident at the time of filing.
Oregon uses a two-tier residency rule under Or. Rev. Stat. § 107.075. For marriages performed outside Oregon, at least one party must be domiciled in the state continuously for six months before commencing the suit. For marriages solemnized in Oregon, either spouse only needs to be a resident at the time of filing, with no waiting period. Legal separation carries a lower threshold: one party only needs current residency at the time of filing. This gives newly arrived parents an option — they can file for legal separation immediately, obtain temporary parenting time orders, and later convert the separation to a dissolution once the six-month residency period is met. Residency can be documented with an Oregon driver's license, voter registration, utility bills, a lease or mortgage, or state tax returns. Separately, jurisdiction over the children for custody and parenting time generally requires that Oregon be the child's home state under the Uniform Child Custody Jurisdiction and Enforcement Act, typically meaning the child lived in Oregon for six consecutive months.
The 60-Mile Relocation Rule
Oregon law requires every custody judgment to include a provision barring either parent from moving more than 60 miles farther from the other parent without giving reasonable advance notice, under Or. Rev. Stat. § 107.159. The relocating parent must notify both the other parent and the court, generally with 60 days' advance notice.
The 60-mile rule is one of the most important provisions in any Oregon parenting plan. Under Or. Rev. Stat. § 107.159, the court must include a notice requirement in every custody and parenting time order. Courts measure the distance by comparing the child's current residence to the proposed new residence in straight-line miles, not driving time. A parent may move up to 60 miles without notice or court approval, but a move beyond that distance triggers the notice obligation. After receiving notice, the other parent may petition the court to modify the parenting plan or to prevent the move. In a contested relocation, the parent seeking to move generally bears the burden of showing the move serves the child's best interests, particularly when it reduces the other parent's parenting time. A court may suspend the notice requirement for good cause, such as documented domestic violence. Even moves under 60 miles can require compliance with the existing parenting time schedule if the move disrupts the agreed exchanges.
Modifying an Oregon Parenting Plan
Oregon courts modify a parenting plan when a parent demonstrates a substantial change in circumstances since the last order and shows that modification serves the child's best interests, under Or. Rev. Stat. § 107.135. Minor schedule adjustments to parenting time may use a lower standard, but custody changes require the substantial-change showing.
Life changes, and parenting plans sometimes need to change with it. To modify legal custody, the requesting parent must prove a substantial, unanticipated change in circumstances affecting the child's welfare under Or. Rev. Stat. § 107.135 — for example, a parent's relocation, a change in the child's needs, or evidence of neglect. Modifying parenting time alone follows a somewhat lower standard, focusing primarily on the child's best interests rather than requiring a dramatic change. Oregon also offers an expedited parenting time enforcement procedure under Or. Rev. Stat. § 107.434 for parents whose court-ordered parenting time is being denied. Many Oregon parents avoid litigation entirely by including a step-up dispute resolution clause in the original plan, requiring mediation before either parent files a modification motion. Parents who agree on changes can submit a stipulated modification, which a judge can approve without a contested hearing, saving both time and the cost of returning to court.