How to File for Child Custody in Oregon
Work on a parenting plan., Talk to a mediator., Consider any safety concerns., Fill out a "Parenting Plan" form., Have your forms reviewed., File the forms with your local court.
Step-by-Step Guide
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Step 1: Work on a parenting plan.
Child custody is a major question in a divorce where the couple has children.
If both spouses can agree to a parenting plan, the court will not have to hold a trial or hearing to determine custody.
Talk to the other parent about how to divide the child's time at both of your homes.
Remember to account for each parent's work schedule and the child's school schedule.
For example, if you sometimes work an evening shift and will not be home to care for the child, let the other parent have the child on those days.
Decide who will get physical custody.
The child lives primarily with the parent who has physical custody.
The other parent has visitation rights, and can visit the child or have the child visit him or her.
Decide who will get legal custody.
Legal custody refers to the right to make decisions about the child's health care, education, and religious upbringing.
It is possible for one parent to have physical custody, while they both share joint legal custody. -
Step 2: Talk to a mediator.
If you have any trouble reaching agreement, try talking with a third party who can act as a neutral negotiator to help you make the best decisions.
Every county in Oregon has a court-connected mediator program, which can help parents construct a parenting plan.
Depending on the county, these services may be offered free of charge.Ask the court clerk how you can schedule mediation with a court-connected mediator.
Some counties require that parents of minor children attend mediation during divorce proceedings., Oregon provides sample parenting plans to use as starting points for creating a parenting plan of your own.
Some sample plans are intended for use in situations where there are concerns about the child's safety.
Safety-focused plans can specify that one parent can only have supervised visitation with the child, or place limits on overnight visitation.
Consider a safety-focused plan if the other parent has ever:
Hurt you, the child, or a pet when angry; Threatened or attempted suicide; Abused alcohol or drugs; Kept your child from you; Threatened anyone; Sexually abused anyone; or Needed medication to be safe around others., You can find blank Parenting Plan forms at http://courts.oregon.gov/OJD/docs/osca/cpsd/courtimprovement/familylaw/basicparentingplantabbedrev6savable10-10-08.pdf.
Use this form to write down the parenting agreement between you and the other parent.
The form is very detailed, prompting you to enter holiday and vacation schedules, and also has space to arrange for other special events or occasions.
You can find sample plans with instructions at http://www.courts.oregon.gov/OJD/OSCA/JFCPD/Pages/FLP/Parenting-Plan-Guide.aspx.
There are different samples for families with children of different ages.
You can also find sample safety-focused plans at http://courts.oregon.gov/OJD/docs/osca/cpsd/courtimprovement/familylaw/sfppgentirever04-091003.pdf.
Follow the instructions included with your forms, type or print neatly in blue or black ink, and fill in each numbered item as necessary.
If you are unable to agree on what the details of the custody and visitation form should be, consult a mediator.
If you still cannot reach an agreement, you will have to ask the judge to resolve the dispute at a trial or hearing.
The judge will try to make a decision that is in the best interests of the child. , Before anything is signed, have your forms reviewed by a courthouse facilitator.
Most courts in Oregon have a courthouse facilitator program, which helps people with family law cases.
Most facilitators offer document review services, either for walk-ins or by appointment.You can find detailed information for facilitator services in each county at http://courts.oregon.gov/OJD/docs/OSCA/cpsd/courtimprovement/familylaw/FacilitatorsList.pdf.
Facilitators do not represent you or give legal advice, but they can review your forms and help you with any questions you have about the process. , Make copies of your forms and take them to the court clerk.
The clerk will stamp the original and the copies as "filed" and retain the original document.
The judge will review the agreement and sign the bottom of the form.
Once the form is signed by the judge, the agreement becomes a court order, and both parents are required to follow the agreement.
Your parenting plan should be part of your divorce/dissolution petition.
The filing fee for a dissolution of marriage is $273.00.If you cannot afford to pay the filing fee, ask the court clerk for information about filing an application for a fee waiver. -
Step 3: Consider any safety concerns.
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Step 4: Fill out a "Parenting Plan" form.
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Step 5: Have your forms reviewed.
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Step 6: File the forms with your local court.
Detailed Guide
Child custody is a major question in a divorce where the couple has children.
If both spouses can agree to a parenting plan, the court will not have to hold a trial or hearing to determine custody.
Talk to the other parent about how to divide the child's time at both of your homes.
Remember to account for each parent's work schedule and the child's school schedule.
For example, if you sometimes work an evening shift and will not be home to care for the child, let the other parent have the child on those days.
Decide who will get physical custody.
The child lives primarily with the parent who has physical custody.
The other parent has visitation rights, and can visit the child or have the child visit him or her.
Decide who will get legal custody.
Legal custody refers to the right to make decisions about the child's health care, education, and religious upbringing.
It is possible for one parent to have physical custody, while they both share joint legal custody.
If you have any trouble reaching agreement, try talking with a third party who can act as a neutral negotiator to help you make the best decisions.
Every county in Oregon has a court-connected mediator program, which can help parents construct a parenting plan.
Depending on the county, these services may be offered free of charge.Ask the court clerk how you can schedule mediation with a court-connected mediator.
Some counties require that parents of minor children attend mediation during divorce proceedings., Oregon provides sample parenting plans to use as starting points for creating a parenting plan of your own.
Some sample plans are intended for use in situations where there are concerns about the child's safety.
Safety-focused plans can specify that one parent can only have supervised visitation with the child, or place limits on overnight visitation.
Consider a safety-focused plan if the other parent has ever:
Hurt you, the child, or a pet when angry; Threatened or attempted suicide; Abused alcohol or drugs; Kept your child from you; Threatened anyone; Sexually abused anyone; or Needed medication to be safe around others., You can find blank Parenting Plan forms at http://courts.oregon.gov/OJD/docs/osca/cpsd/courtimprovement/familylaw/basicparentingplantabbedrev6savable10-10-08.pdf.
Use this form to write down the parenting agreement between you and the other parent.
The form is very detailed, prompting you to enter holiday and vacation schedules, and also has space to arrange for other special events or occasions.
You can find sample plans with instructions at http://www.courts.oregon.gov/OJD/OSCA/JFCPD/Pages/FLP/Parenting-Plan-Guide.aspx.
There are different samples for families with children of different ages.
You can also find sample safety-focused plans at http://courts.oregon.gov/OJD/docs/osca/cpsd/courtimprovement/familylaw/sfppgentirever04-091003.pdf.
Follow the instructions included with your forms, type or print neatly in blue or black ink, and fill in each numbered item as necessary.
If you are unable to agree on what the details of the custody and visitation form should be, consult a mediator.
If you still cannot reach an agreement, you will have to ask the judge to resolve the dispute at a trial or hearing.
The judge will try to make a decision that is in the best interests of the child. , Before anything is signed, have your forms reviewed by a courthouse facilitator.
Most courts in Oregon have a courthouse facilitator program, which helps people with family law cases.
Most facilitators offer document review services, either for walk-ins or by appointment.You can find detailed information for facilitator services in each county at http://courts.oregon.gov/OJD/docs/OSCA/cpsd/courtimprovement/familylaw/FacilitatorsList.pdf.
Facilitators do not represent you or give legal advice, but they can review your forms and help you with any questions you have about the process. , Make copies of your forms and take them to the court clerk.
The clerk will stamp the original and the copies as "filed" and retain the original document.
The judge will review the agreement and sign the bottom of the form.
Once the form is signed by the judge, the agreement becomes a court order, and both parents are required to follow the agreement.
Your parenting plan should be part of your divorce/dissolution petition.
The filing fee for a dissolution of marriage is $273.00.If you cannot afford to pay the filing fee, ask the court clerk for information about filing an application for a fee waiver.
About the Author
Abigail Ramos
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