Child Custody Agreement - Oregon

CHILD CUSTODY AGREEMENT AND PARENTING PLAN

Oregon Use Notice

This document is a proposal for court approval. It does not create or modify a custody order until the circuit court approves and enters the appropriate judgment or order.

Use this document only for parents in a pending Oregon marital annulment, dissolution, or separation case. Use the correct current official packet for an unmarried-parent case, a post-judgment modification, an emergency application, a protective order, or a nonparent custody or guardianship matter.

ORS 107.102 requires a parenting plan in a proceeding to establish or modify a judgment providing parenting time, except a matter filed under the Family Abuse Prevention Act. A general plan must state the minimum parenting time and access to which the noncustodial parent is entitled.

Court Caption

IN THE CIRCUIT COURT OF THE STATE OF OREGON

FOR THE COUNTY OF [________________________________]

Case No.: [________________________________]

1. Parents and Case

Parent A: [________________________________]

Parent B: [________________________________]

Case type: ☐ Annulment ☐ Dissolution ☐ Separation

Petition filed: [__/__/____]

Current custody, juvenile, guardianship, or protective orders: [________________________________]

2. Children

3. Proposed Custody

The parents request:

☐ Sole custody to Parent A.

☐ Sole custody to Parent B.

☐ Joint custody. Parent A and Parent B each voluntarily agree to every joint-custody term below, as ORS 107.169(3) requires.

☐ Other requested disposition for court review: [________________________________]

A. Major Decisions

B. Emergencies and Daily Decisions

A parent caring for a child may make an emergency health and safety decision when delay would be unreasonable and will notify the other parent as soon as reasonably practicable, subject to any protective order.

Each parent may make ordinary daily-care decisions during that parent's parenting time unless an entered order provides otherwise.

4. Best-Interest and Safety Information

ORS 107.137 requires the court to give primary consideration to the children's best interests and welfare and consider all relevant factors. The parents provide:

• emotional ties between the children and family members: [________________________________]
• each parent's interest in and attitude toward the children: [________________________________]
• relationships and routines that should continue: [________________________________]
• abuse of one parent by the other: [________________________________]
• primary-caregiver history and fitness: [________________________________]
• each parent's ability and willingness to support a safe relationship with the other parent, where applicable: [________________________________]
• disability-related behaviors or limitations that may endanger a child's health, safety, or welfare, if any: [________________________________]
• conduct, environment, or lifestyle shown to cause or potentially cause harm, if any: [________________________________]
• other relevant circumstances: [________________________________]

The parents understand that the court may not isolate one factor to the exclusion of others; may not prefer a parent based solely on gender; and must apply the statute's special rules concerning abuse, disability, conduct, and certain rape convictions when relevant.

Abuse Presumption

☐ No parent alleges facts that would trigger the abuse presumption in ORS 107.137(2).

☐ A parent alleges or the court has found abuse as defined in ORS 107.705: [________________________________]

ORS 107.137(2) generally creates a rebuttable presumption that awarding sole or joint custody to the parent who committed abuse is not in the children's best interests. Whether the presumption applies or is rebutted depends on the evidence and the statute.

5. Parenting-Time Schedule

A. Regular School-Year Schedule

Parent A's time: [________________________________]

Parent B's time: [________________________________]

Minimum parenting time and access for the noncustodial parent, if applicable: [________________________________]

Start date: [__/__/____]

B. Holidays and School Breaks

C. Summer and Vacation

Summer schedule: [________________________________]

Vacation allocation and notice: [________________________________]

D. Remote Contact

Telephone, video, and electronic contact: [________________________________]

E. Supervision or Other Safety Conditions

☐ No special parenting-time safety condition is requested.

☐ Supervision by: [________________________________]

☐ Protected exchange at: [________________________________]

☐ No overnight parenting time.

☐ Alcohol or controlled-substance restriction: [________________________________]

☐ Other condition supported by the record: [________________________________]

ORS 107.105(1)(b) generally permits denial of parenting time only if the court finds it would endanger the child's health or safety, subject to the statute's separate rule for a rape conviction resulting in conception. If parenting time is awarded to a noncustodial parent who committed abuse, the court must make adequate safety provision as the statute requires.

6. Exchanges and Transportation

Exchange location: [________________________________]

Exchange times: [________________________________]

Transportation responsibility: [________________________________]

Authorized pickup persons: [________________________________]

Late-arrival and cancellation procedure: [________________________________]

No-contact or protected-exchange procedure: [________________________________]

7. Information, Records, and Emergencies

ORS 107.154 states that, unless the court orders otherwise, an order granting sole custody does not deprive the other parent of specified authority. That authority includes inspecting and receiving school, governmental, law-enforcement, medical, dental, and psychological records; consulting school staff and care providers; authorizing emergency health care when the custodial parent is practically unavailable; and applying to serve as conservator or guardian ad litem.

The parents request these court-ordered restrictions or procedures, if any: [________________________________]

Under ORS 107.164, unless otherwise ordered, parents have a continuing responsibility after a custody or protective order issues to provide addresses and contact telephone numbers to each other and immediately report emergency circumstances or substantial changes in a child's health.

Additional information-sharing terms:

• report cards and school communications: [________________________________]
• provider and treatment information: [________________________________]
• activity schedules: [________________________________]
• emergency notification method: [________________________________]
• protected disclosure method when direct contact or an address is restricted: [________________________________]

8. Change of Residence and Travel

ORS 107.159 generally requires a custody order, other than a Family Abuse Prevention Act order, to provide that neither parent may move to a residence more than 60 miles farther from the other parent without giving the other parent reasonable notice and giving the court a copy. The statute does not prescribe a fixed 60-day notice or 30-day objection period. A court may suspend the notice requirement for good cause on ex parte or other motion.

The parents propose:

• method for giving reasonable notice: [________________________________]
• information included in the notice: [________________________________]
• travel itinerary notice: [________________________________]
• passport possession and consent terms: [________________________________]

These negotiated terms do not authorize conduct prohibited by another order. A contested relocation or schedule change must be presented through the legally applicable procedure.

9. Additional Parenting Terms

A. Parent Communication

Parents will communicate through: [________________________________]

B. Non-Disparagement

Neither parent will involve a child in adult litigation or intentionally disparage the other parent in the child's presence.

C. Substance Safety

Proposed term, if any: [________________________________]

D. Firearms Safety

☐ No special firearms term is requested.

☐ Agreed or court-ordered firearms-safety term: [________________________________]

Any term must be tailored to applicable protective orders, firearm restrictions, and current law; this agreement does not represent that one storage method is universally mandated by Oregon law.

10. Child Support, Insurance, and Medical Support

☐ Child support is addressed through separate required filings and a proposed order.

☐ An existing support order remains in effect unless the court changes it.

Health-insurance responsibility: [________________________________]

Uninsured medical expenses: [________________________________]

Childcare and activity expenses: [________________________________]

ORS 107.106 requires covered custody, parenting-time, visitation, or support orders to address uninsured medical expenses, insurance or other support security, and medical support. It also requires a statutory warning separating child-support and parenting-time duties. The proposed order must include the current required language rather than a paraphrase.

11. Dispute Resolution and Enforcement

For a nonemergency dispute, the parents will first use this written consultation process: [________________________________]

☐ The parents may attempt mediation with a mutually selected mediator when mediation is safe, lawful, and consistent with the judicial district's procedures.

Nothing here requires mediation of a protective order, delays emergency relief, or prevents a party from using an applicable safety opt-out.

An entered order remains controlling until the court changes it. A private notice-and-cure clause, indemnity, damages waiver, arbitration clause, or force-majeure provision does not replace Oregon's custody and parenting-time procedures or the court's child-welfare authority.

12. Additional Terms

[____________________________________________________________]

[____________________________________________________________]

[____________________________________________________________]

13. Signatures

Each parent declares under penalty of perjury that:

• the parent read and understands this agreement;
• the parent signs voluntarily;
• the parent disclosed known cases and orders that may conflict with the proposal;
• the parent understands that court approval is required; and
• the statements made by that parent are true to the best of the parent's knowledge.

Parent A

Signature: [________________________________]

Printed name: [________________________________]

Date: [__/__/____]

Address or protected contact method: [________________________________]

Attorney and Oregon State Bar No., if any: [________________________________]

Parent B

Signature: [________________________________]

Printed name: [________________________________]

Date: [__/__/____]

Address or protected contact method: [________________________________]

Attorney and Oregon State Bar No., if any: [________________________________]

Proposed Court Approval

The court has reviewed the agreement, parenting plan, and record.

☐ Custody is awarded as stated in Section 3.

☐ The parenting plan is approved and incorporated.

☐ Required safety findings or provisions: [________________________________]

☐ The agreement is approved with these changes: [________________________________]

The final judgment or order must contain all language and provisions required by current law, including ORS 107.106 and 107.159 where applicable.

Date: [__/__/____]

Circuit Court Judge: [________________________________]

Sources and References

• Oregon Revised Statutes, Chapter 107 (2025 edition)
• Oregon Judicial Department — Family Law forms