CHILD CUSTODY AND PARENTING TIME AGREEMENT
(State of Oregon)
TABLE OF CONTENTS
- Document Header
- Definitions
- Operative Provisions
3.1 Custody Allocation
3.2 Parenting-Time (Visitation) Schedule
3.3 Holiday & Vacation Schedule
3.4 Transportation & Exchange Logistics
3.5 Communication & Information-Sharing
3.6 Relocation
3.7 Miscellaneous Parenting Provisions - Representations & Warranties
- Covenants & Restrictions
- Default & Remedies
- Risk Allocation
- Dispute Resolution
- General Provisions
- Execution Block
1. DOCUMENT HEADER
1.1 Title. Child Custody and Parenting Time Agreement (the “Agreement”).
1.2 Parties.
a. Parent A: [PARENT A FULL LEGAL NAME], residing at [ADDRESS] (“Parent A”).
b. Parent B: [PARENT B FULL LEGAL NAME], residing at [ADDRESS] (“Parent B”).
The above are referred to collectively as the “Parents.”
1.3 Child(ren). This Agreement concerns the following minor child(ren):
• [CHILD 1 FULL LEGAL NAME], born [DOB]
• [CHILD 2 FULL LEGAL NAME], born [DOB]
(each, a “Child,” and collectively, the “Children”).
1.4 Effective Date. This Agreement becomes effective on the later of (i) the date last signed, or (ii) the date it is incorporated into a judgment by the [NAME OF COUNTY] County Circuit Court, Family Law Department (the “Court”).
1.5 Governing Law & Jurisdiction. This Agreement is governed by Oregon law, including but not limited to ORS ch. 107, and all proceedings shall be brought exclusively in the Circuit Court for [NAME OF COUNTY] County, Oregon, Family Law Department.
[// GUIDANCE: Section 1.5 satisfies the “state_family_court” forum-selection mandate and the “state_family_law” governing-law mandate.]
2. DEFINITIONS
For purposes of this Agreement, capitalized terms below have the meanings assigned. Terms defined in the singular include the plural and vice-versa.
“Best Interest Factors” means the statutory considerations set forth in ORS 107.137(1).
“Court” has the meaning set forth in § 1.4.
“Custody” or “Legal Custody” means the authority to make major decisions affecting a Child, including but not limited to education, non-emergency health care, and religious upbringing.
“Holiday Schedule” has the meaning set forth in § 3.3.
“Parenting Time” means the in-person time a Child spends with a Parent pursuant to § 3.2 and § 3.3.
“Physical Custody” means the primary residential placement of a Child.
“Relocation” has the meaning set forth in § 3.6.
3. OPERATIVE PROVISIONS
3.1 Custody Allocation
3.1.1 Type of Custody.
☐ Joint Legal Custody
☐ Sole Legal Custody granted to: [PARENT A] / [PARENT B]
3.1.2 Physical Custody.
The Child(ren) shall reside primarily with: [PARENT A] / [PARENT B] (the “Residential Parent”).
[// GUIDANCE: Oregon courts rarely award joint legal custody without both parents’ consent. Modify § 3.1.1 accordingly before submitting to Court.]
3.2 Parenting-Time (Visitation) Schedule
Week-On / Week-Off schedule beginning [DAY] at [TIME].
Exchange location: [LOCATION].
If Week-On / Week-Off is not selected, attach Schedule A detailing specific days/times.
Visitation standards shall at all times comply with ORS 107.101 (Oregon Parenting Time Guidelines).
3.3 Holiday & Vacation Schedule
The Holiday Schedule supersedes the regular Parenting-Time Schedule. Unless otherwise agreed in writing:
a. Even-Numbered Years – Parent A shall have:
• Spring Break, Memorial Day, Thanksgiving, and the first half of Winter Break.
b. Odd-Numbered Years – Parent B shall have the holidays listed in subsection (a).
c. Birthdays, Mother’s Day, Father’s Day, and other special occasions are detailed in Schedule B.
d. Each Parent may take up to [NUMBER] consecutive days of vacation each calendar year upon [30] days’ prior written notice.
3.4 Transportation & Exchange Logistics
a. The Receiving Parent shall provide transportation unless otherwise agreed.
b. Curb-side exchanges; Parents shall remain in vehicles absent emergency.
c. Parents must notify the other of unforeseen delays exceeding 15 minutes.
3.5 Communication & Information-Sharing
a. Each Parent shall have unimpeded telephonic, video, or electronic access to each Child up to [DURATION] per day during the other Parent’s parenting time, provided such contact does not disrupt the Child’s schedule.
b. Educational, medical, and extracurricular information shall be exchanged via the FamilyWizard® platform (or equivalent) within 48 hours of receipt.
3.6 Relocation
3.6.1 Definition. A “Relocation” is any change of a Child’s principal residence that would:
(i) move the Child more than 60 miles farther from the other Parent, or
(ii) move the Child outside the state of Oregon.
3.6.2 Notice. The relocating Parent shall provide written notice in conformity with ORS 107.159 at least 60 days before the proposed move, containing: (a) new address, (b) contact information, (c) proposed Parenting-Time revisions, and (d) reason for the move.
3.6.3 Objection. The non-relocating Parent may file a motion to prevent relocation within 30 days of notice. Pending court determination, the status quo Parenting-Time Schedule shall remain in effect unless the Parents agree otherwise in writing.
3.7 Miscellaneous Parenting Provisions
a. Neither Parent shall disparage the other in the presence or hearing of any Child.
b. Each Parent shall refrain from alcohol or impairing substances within 12 hours prior to and during Parenting Time.
c. Firearms shall be stored unloaded, secured with a trigger lock, and kept out of reach of the Child(ren).
4. REPRESENTATIONS & WARRANTIES
4.1 Each Parent has full legal capacity and authority to enter this Agreement.
4.2 Each Parent warrants that all statements herein are true and complete, and that no material information affecting the Child(ren)’s welfare has been withheld.
4.3 Each Parent acknowledges that this Agreement is entered voluntarily, without coercion, and after the opportunity to seek independent legal counsel.
4.4 Survival. The representations and warranties in this Article 4 survive execution and remain in effect until the Child(ren) reach the age of majority or this Agreement is superseded by court order.
5. COVENANTS & RESTRICTIONS
5.1 Affirmative Covenants.
a. Comply with all medical, psychological, or educational recommendations obtained during a Parent’s custody.
b. Maintain the Child(ren) on comprehensive health-care coverage, including dental and vision.
5.2 Negative Covenants.
a. Do not relocate in violation of § 3.6.
b. Do not interfere with the other Parent’s lawful Parenting Time.
5.3 Notice & Cure. A Parent who believes the other has breached any covenant must provide written notice describing the breach in reasonable detail. The breaching Parent shall have 10 days to cure (or such shorter period as the Child(ren)’s safety requires).
6. DEFAULT & REMEDIES
6.1 Events of Default include, without limitation:
a. Violation of the Parenting-Time Schedule without good cause;
b. Failure to provide relocation notice under § 3.6;
c. Material breach of any covenant under Article 5.
6.2 Remedies. Upon an Event of Default, the Court may award one or more of the following:
a. Make-up Parenting Time;
b. Modification of Custody or Parenting-Time provisions;
c. Contempt sanctions;
d. Attorney fees and costs to the prevailing Parent;
e. Any injunctive relief necessary to safeguard the Child(ren)’s welfare.
6.3 Graduated Consequences. First violations may result in written warnings; repeated violations escalate to court-ordered sanctions.
7. RISK ALLOCATION
7.1 Indemnification – Child Welfare Priority. Each Parent (“Indemnifying Parent”) shall indemnify, defend, and hold harmless the other Parent and the Child(ren) (collectively, “Indemnified Parties”) from and against any losses, liabilities, costs, or damages arising out of the Indemnifying Parent’s:
a. Intentional violation of this Agreement;
b. Negligent or reckless conduct affecting the Child(ren)’s safety; or
c. Failure to comply with any applicable Oregon child-welfare statute or regulation.
7.2 Limitation of Liability. No limitation of liability shall apply with respect to claims alleging harm to a Child; all other indirect or consequential damages are hereby waived.
7.3 Force Majeure. A Parent shall not be deemed in default if a failure to perform is directly caused by an act of God, natural disaster, or other circumstance beyond that Parent’s reasonable control, provided notice is given to the other Parent within 24 hours of the event. Parenting Time shall resume as soon as practicable.
8. DISPUTE RESOLUTION
8.1 Mediation. Except in emergencies involving immediate risk to a Child, the Parents shall first attempt to resolve disputes through a qualified mediator before petitioning the Court. The cost of mediation shall be shared equally unless otherwise agreed.
8.2 Exclusive Forum. Subject to § 8.3, the Circuit Court for [NAME OF COUNTY] County, Oregon, Family Law Department has exclusive jurisdiction over all matters arising from or related to this Agreement.
8.3 Limited Arbitration. The Parents may voluntarily submit financial or property-related disputes (but not custody or parenting-time issues) to binding arbitration under ORS 36.300 et seq. An arbitrator’s award will not alter Custody provisions without Court confirmation.
8.4 Jury Waiver. The Parents acknowledge that child-custody matters are determined by the Court without jury; no jury trial is available or hereby waived.
8.5 Injunctive Relief. Either Parent may seek immediate injunctive relief, including but not limited to temporary restraining orders or emergency custody modifications, to protect a Child’s welfare.
9. GENERAL PROVISIONS
9.1 Amendments. Any amendment must be in writing, signed by both Parents, and approved by the Court to be enforceable.
9.2 Waiver. Failure to enforce any provision shall not constitute a waiver of that or any other provision.
9.3 Assignment & Delegation. Neither Parent may assign or delegate rights or obligations under this Agreement without prior written consent of the other Parent and Court approval.
9.4 Severability. If any provision is held unenforceable, the remaining provisions shall remain in full force, and the unenforceable provision shall be modified to the minimum extent necessary to render it enforceable.
9.5 Integration. This Agreement constitutes the entire understanding between the Parents concerning Custody and Parenting Time and supersedes all prior agreements on these subjects.
9.6 Successors & Assigns. This Agreement is binding upon and inures to the benefit of the Parents and their respective heirs, legal representatives, and permitted assigns.
9.7 Counterparts; Electronic Signatures. This Agreement may be executed in multiple counterparts, each of which is deemed an original, and all of which constitute one instrument. Signatures transmitted electronically shall be treated as originals.
10. EXECUTION BLOCK
IN WITNESS WHEREOF, the Parents have executed this Agreement as of the Effective Date.
| Parent A | Parent B |
|---|---|
| _______ | _______ |
| [PARENT A NAME] | [PARENT B NAME] |
| Date: _______ | Date: _______ |
[OPTIONAL NOTARY BLOCK – Include if required by local practice]
State of Oregon )
County of ___ ) ss.
On this _ day of _, 20__, before me, the undersigned notary public, personally appeared [PARENT A NAME] and [PARENT B NAME], personally known to me (or proved to me on the basis of satisfactory evidence) to be the individuals whose names are subscribed to the within instrument and acknowledged to me that they executed the same for the purposes therein contained.
Notary Public for Oregon
My Commission Expires: _____
[// GUIDANCE:
1. Review all statutory citations (ORS 107.101, 107.137, and 107.159) for continuity with the most recent Oregon legislative session before final filing.
2. Replace bracketed placeholders and attach Schedules A & B.
3. File a stipulated general judgment incorporating this Agreement to render it enforceable.
4. Consider adding a Child Support worksheet if the parties wish to consolidate support and custody into one judgment.]