What To Expect in Oregon's Custody Court Process

Seeking child custody is one of the most important parenting decisions you'll ever make.

Most Oregon parents reach agreement on parenting issues, but they still need to open a case and turn in their agreement for court approval.

Your local court has its own process. It's a good idea to hire an experienced family lawyer.

Here's what your divorce or custody case may involve.

What your case will cost

It costs about $300 to file a case. If the other parent won't accept the papers directly from you, you'll pay about $50 to have them served. Local courts charge other fees throughout the case. If you can't afford court fees, request a fee waiver or deferral.

A required parent education class is usually about four hours and costs about $50.

If you can't settle on your own, the court will usually require you to try mediation. Some courts, like Multnomah County Family Court, offer free mediation. Elsewhere, court-connected mediation may be a few hundred dollars. If you hire privately, it's more.

Custody evaluations (explained below) start around $10,000. Parents share the cost. These are infrequent in Oregon cases, due to the cost.

A lawyer charges several hundred dollars an hour. The total cost depends on the length and complexity of your case.

How long it will take

Most people hope their case moves quickly. The speed depends in part on whether both parents respond promptly and cooperatively and what they're asking the court to decide.

The parent who files the case serves the other parent, who is allowed 30 days to respond. (Filing together speeds this up.)

If you agree on all issues, your case is uncontested. You won't need a hearing, and you may get a court order within just a few months.

If you have some disagreements about your case, you'll have hearings and further paperwork. When the court gives you a trial date, it's generally at least four months in the future (and could be postponed). You can settle at any time. Oregon tries to resolve family cases within 9–12 months.

Court rules

Oregon has statewide rules for all circuit courts. Additionally, your local circuit court has its own rules. Local rules may include a basic parenting plan template for optional use, a suggested parenting time schedule, filing fees, and requirements for parenting education and mediation.

Opening a case

First, open a case. If you have a lawyer, they'll take care of this.

If you or your child is at immediate risk of physical harm because of the other parent, you can ask the court for a restraining order or an immediate danger order.

If your co-parent isn't responding to notice that you've opened a divorce or custody case, the judge may issue a judgment without their input, ending the case.

If you're both participating, your case will continue.

Trying to reach agreement

The vast majority of parents settle. It's cheaper, quicker, and reduces stress on everyone. It also tends to have a good outcome, as both parents know what they're getting when they agree to it.

Mediation

Unless your case involves abuse, Oregon judges require you to try mediation before the trial. Often, the court won't even give you a trial date until you complete it.

Prepare for mediation by drafting a proposed parenting plan (on your own or together).

Any agreement you reach in mediation must go to the judge for approval so it can become a court order. The rest of what you discuss in mediation is kept confidential.

Choosing a mediator

Oregon counties provide trained mediators. They're called court-connected mediators, and depending on your local court system, they're available for free or at a discount.

In Multnomah County, once you open a case with a minor child, you can go to as many Multnomah County mediation sessions as you need — even after you finish your case, with or without asking the court to modify your order. The sessions are free.

Some parents hire privately, which allows them to negotiate topics (e.g., child support) that the court mediators may consider off-limits. This is more expensive. You can find a mediator through the Oregon Mediation Association.

Any mediator can write up a settlement agreement, but if you want them to help with your other court filings, make sure you choose a mediator who's also a lawyer.

Other methods

Other alternative dispute resolution methods may satisfy your mediation requirement. In Oregon, this could be a judicial settlement conference, which is often led by a retired judge.

If you know from an early stage that you want to work together and stay out of court, collaborative law may be the right approach for you. Learn more through the Oregon Association of Collaborative Professionals.

Custody evaluations

If you want an expert opinion on custody and parenting time, ask the court to appoint a custody evaluator.

Over several months, a custody evaluator interviews the family to determine what arrangement would be in the child's best interests. They observe behaviors and relationships, along with each parent's ability to financially provide for the child. They write a report and can testify at trial.

Together, you and your co-parent can suggest an evaluator to the court.

Name someone whose expertise the court will take seriously. Most are psychologists, but anyone may call themselves an evaluator in Oregon. Your judicial district may have its own standards for whom they'll appoint to a case.

Tell the court how you and your co-parent will split the cost. Custody evaluations typically range from $10,000 to $20,000. The court can't give you a discount.

If the two of you can't agree even on this, the court will pick an evaluator off their own list and decide how you'll split the cost.

As your case continues

The process varies locally. You may follow some or all of these steps:

Request a temporary order: You can seek a temporary order to create stability for your child while your case is pending. This kind of request tends to move quickly. Procedures are county-specific.

Complete discovery. You and the other parent will formally exchange evidence. This includes financial information, like bank statements and the Uniform Support Declaration, as well as anything specific to your case, like text messages.

Issue subpoenas. You can compel someone to testify in your case by issuing a subpoena. If you don't have a lawyer, ask the court clerk for help with this step.

Write a memorandum of issues. This document tells the court which issues are resolved and which are still open.

Draft a judgment. When you know exactly what you want, write a carefully worded request. The request is called the judgment because you're saying what judgment you want. If you're the petitioner, this request must correspond to your original petition. (If you're significantly changing your request at this point, consult a lawyer.)

Attend a status check. Some counties require a hearing (in-person, phone or online) to confirm that you're staying on track with paperwork.

Parents are allowed to settle at any time. Most do, and the court usually approves their agreement. If so, their case ends.

Trial

When parents don't settle, a judge decides the case at trial.

Parents may consent to an informal trial, which has simpler procedures. Only the judge asks questions. You have to tell the truth but don't have to follow many other rules about what you can say. You can't call witnesses (except an expert) nor cross-examine the other parent (though you can suggest questions to the judge). It may last a couple hours. Lawyers play little role.

A traditional trial may sound more familiar. You provide evidence and witness lists to the court in advance. It wraps up within one day if your case is simple. However, a complex case may span multiple days (possibly scheduled weeks apart).

You may not know until shortly before trial which judge will hear your case. The judge may provide a decision immediately (especially if you had an informal trial) or else should email it to you within 60 days.

After you receive your court order

Interpreting the order

You and the other parent may disagree about a detail in your order, like who takes your child trick-or-treating on Halloween.

If you believe you can negotiate productively, you can try mediation.

If you'd rather be told what to do, ask the court to appoint a parenting coordinator. This professional has legal authority to decide exactly what your court order means.

Changing the order

If you need to ask for a change, file for a modification in the same Oregon circuit court that gave you the order. If you don't live in that judicial district, you may be able to have the case transferred.

The court may change parenting time if it's in your child's best interests. To change custody (decision-making responsibilities), you must prove a substantial change of circumstances.

Throughout the custody process

During the custody process, you may need to create a parenting time schedule, write a parenting plan, keep a log of interactions with the other parent, and more.

The Custody X Change online app enables you to do all of this in one place.

With customizable parenting time calendars, a parenting plan template, a digital journal and other tools, Custody X Change makes sure you're prepared for whatever arises in your journey to child custody.

Throughout your case, take advantage of our technology to stay on top of all the moving parts.

Our professional sources

Brett Bender Law
Brett Bender
Portland, OR

Brincat & New PC
Tabitha Brincat
Portland and Bend, OR (also CA)

Clarity Mediation and Facilitation LLC
Brian B. Egan
Corvallis, OR (worldwide)

LaMont Law
Kristin LaMont
Salem, OR

Posey Legal PC
Lauren Barnhart
Portland, OR

Tiffany Davidson, Attorney at Law PC
Tiffany Davidson
Washington, Multnomah, and Clackamas counties, OR