Oregon: Filing for Child Custody

Whether you're divorcing, separating, or were never in a relationship at all, filing for custody of your child is one of the most important decisions you'll make.

Child custody, parenting time and child support are determined as part of a divorce (if you're married to the other parent) or in a standalone court case (if you're not).

A lawyer can draft your initial petition — or your response to the other parent's petition — and file it with the court for you. Without a lawyer, you'll have to do this yourself.

Knowing where to file

If your child has lived in Oregon for six months (or since birth, if an infant), an Oregon court is likely the right place for your case. File with your local circuit court.

What the paperwork costs

It costs about $300 for one parent to file a family case (divorce or custody) and another $300 for the other parent to respond.

If the respondent doesn't accept the papers directly from the petitioner, the petitioner pays for service (about $50).

Oregon courts charge additional fees. For example, there may be a fee any time you file a motion or request a hearing. For more information, consult the statewide fees and find out what your local court charges too.

If you can't afford the court fees, request a fee waiver or deferral.

Completing initial paperwork

To open a case, use the divorce forms or custody forms for unmarried parents. These statewide forms are valid in all local courts.

On the petition, describe your request briefly. Say whether you're asking for joint custody or sole custody. For topics like parenting time and child support, you can just say you're asking the court to make a determination. It's OK to keep it general, especially if you're not yet sure exactly what you want. Later in your case, you'll provide details, but you shouldn't contradict your original petition.

You'll submit a proposed parenting plan and child support worksheet early in your case — maybe even together with your petition. Find out what your local court requires. Indicate if either of you is pregnant during the case (as the court will need a parenting plan for that child too).

You can e-file documents. Some forms can be completed online, while others may have to be filled out with a pen and scanned in. You may instead file on paper if you prefer. Parents who hire a lawyer can let them take care of filing.

Once your case is open, you may have a specific request (e.g., a temporary order). Check your local court for the correct forms, which are likely online.

Your local court may have a staff member called a family law facilitator who can help you find and complete forms. However, they can't give legal advice. If you have questions specific to your case, consult a lawyer.

Serving the other parent

If you file your court case together, you're co-petitioners.

If only one of you files the case, that person is called the petitioner. They have to give a copy of the petition, along with the summons, to the other parent, who is called the respondent. This is called service. Some counties (like Clackamas) will close your case if you don't serve the other parent promptly.

The state has strict rules for how to serve papers. Generally:

• If the respondent agrees to receive the papers directly from the petitioner, they sign an Acceptance of Service and submit it to the court.
• Otherwise, someone else (an adult who's not involved in your case) hands the papers to them. This is often a sheriff or a private process server; they charge about $50.
• If the respondent can't be located, the petitioner asks the court for permission to serve papers by another method. (See below.)

If you can't find the respondent

If the sheriff or private process server can't find the respondent, the petitioner may suggest a reasonable alternate method by which they might be contacted.

To make the request, submit an Ex Parte Motion for Alternative Service & Declaration in Support.

Once you're told what method to use (e.g., by mail, through the newspaper, on social media, or in a poster at the courthouse), do it and save the evidence (e.g., take a screenshot). Submit either the Certificate of Alternative Service or (if you published in a newspaper) a Declaration of Publication to the court, along with your evidence.

Anticipating a timeline

Once the respondent is served, they have 30 days to file their response.

If they don't respond, the judge may grant the petitioner's request, including approving their proposed parenting plan. This is called a default judgment.

If they do respond, the court process continues. The process varies locally.

Oregon courts try to resolve all family cases within nine months, though some cases stretch out to a full year. It's state policy for courts to stay within this timeframe. An exception may be granted in extraordinary circumstances (e.g., severe illness).

Legal help

Oregon has various programs to help you find the right lawyer:

• If you can afford a lawyer's standard rate, try the Lawyer Referral Service.
• If you seek a reduced rate, try the Modest Means Program.
• If you seek free help, try Free Legal Answers or the Military Assistance Panel.

You can also seek free help from Legal Aid Services of Oregon.

Preparing for what comes next

If you haven't turned in a parenting plan yet, keep trying to agree on one with the other parent. If you do, you might not need a hearing at all.

If agreement isn't possible, make your own plan to propose to the court.

Either way, you can use the Custody X Change parenting plan template.

The Custody X Change online app suggests what to include while giving you the freedom to write custom provisions.

Turn to Custody X Change for a court-ready plan that supports your child and your custody request.