Oregon Joint Custody Agreement

STIPULATION FOR JOINT CUSTODY

STATE OF OREGON — CIRCUIT COURT

County of [________________________________]

In the Matter of:

[________________________________], Petitioner/Co-Petitioner,

and

[________________________________], Respondent/Co-Petitioner.

Case No.: [________________________________]

JOINT CUSTODY AGREEMENT PURSUANT TO ORS 107.169

CRITICAL OREGON LAW NOTICE — ORS 107.169(3)

Under Oregon law, the court shall not order joint custody unless both parents agree to the terms and conditions of the order. This is a fundamental distinction in Oregon family law: joint custody cannot be imposed over either parent's objection. By executing this agreement, both parents affirmatively consent to joint custody and the specific terms set forth herein.

Additionally, under ORS 107.169(4), once parents have agreed to joint custody, the court may not overrule that agreement by ordering sole custody to one parent, except upon a showing of changed circumstances under ORS 107.135.

I. PARTIES AND CHILDREN

A. Parents

Parent A (☐ Mother / ☐ Father):

• Full Legal Name: [________________________________]
• Current Address: [________________________________]
• County of Residence: [________________________________]
• Telephone: [________________________________]
• Email: [________________________________]
• Employer: [________________________________]

Parent B (☐ Mother / ☐ Father):

• Full Legal Name: [________________________________]
• Current Address: [________________________________]
• County of Residence: [________________________________]
• Telephone: [________________________________]
• Email: [________________________________]
• Employer: [________________________________]

B. Children

C. Context

☐ This agreement is filed in connection with a Petition for Dissolution of Marriage.
☐ This agreement is filed in connection with a Filiation/Custody proceeding under ORS 109.103.
☐ This agreement modifies a prior sole custody order by stipulation of both parents.
☐ Other: [________________________________]

II. JOINT CUSTODY DESIGNATION — ORS 107.169

A. Definition

Under ORS 107.169(1), "joint custody" means an arrangement by which parents share rights and responsibilities for major decisions concerning the child, including but not limited to the child's:

• Residence
• Education
• Health care
• Religious training

B. Mutual Consent

Both parents hereby consent and agree to joint custody of the child(ren) named above. This consent is given voluntarily, without coercion or duress, and reflects the parents' shared belief that joint custody serves the best interests of the child(ren) under ORS 107.137.

C. Primary Residence Designation

Under ORS 107.169(2), a joint custody order may specify one home as the primary residence of the child and may designate one parent to have sole power to make decisions about specific matters while both parents retain equal rights and responsibilities for other decisions.

Primary residence for school enrollment and mailing purposes:

• ☐ Parent A's residence
• ☐ Parent B's residence

This designation does not diminish the other parent's joint custody rights.

D. Best Interest Factors — ORS 107.137

Both parents affirm that this joint custody arrangement serves the child(ren)'s best interests considering all factors under ORS 107.137(1):

(a) Emotional ties between the child and family members;
(b) Interest and attitude of each parent toward the child;
(c) Desirability of continuing existing relationships;
(d) Abuse — Neither parent has committed abuse as defined in ORS 107.705 [or if applicable: [________________________________]];
(e) Primary caregiver preference — The primary caregiver is [________________________________], and both parents agree joint custody is nonetheless appropriate because [________________________________];
(f) Willingness to facilitate relationship — Both parents are willing and able to facilitate a close and continuing relationship between the child and the other parent.

E. Cooperation Requirement

Joint custody in Oregon requires a demonstrated ability to cooperate. Both parents represent that they:

• Can communicate effectively about the child(ren)'s needs
• Are willing to make joint decisions in good faith
• Will not use joint decision-making authority to obstruct or delay decisions
• Understand that failure to cooperate may constitute grounds for modification to sole custody under ORS 107.169(4) and ORS 107.135

III. SHARED DECISION-MAKING

A. Major Decisions Requiring Joint Agreement

Both parents shall consult and agree before making any major decision, including:

B. Designated Decision-Making (ORS 107.169(2))

Where the parents agree that one parent shall have sole power over specific matters:

☐ Not applicable — all major decisions are shared equally.

☐ The following specific areas are designated to one parent:

• [________________________________]: ☐ Parent A ☐ Parent B
• [________________________________]: ☐ Parent A ☐ Parent B

C. Deadlock Resolution

If parents cannot agree on a major decision after good-faith consultation:

1. Written proposal — The parent proposing the action shall provide a written explanation of the proposed decision, reasons, and alternatives.
2. Response period — The other parent shall respond in writing within [____] days.
3. Mediation — If no agreement is reached, the parents shall attend mediation within 30 days (see Section VII).
4. Court ruling — If mediation fails, either parent may file a motion with the Circuit Court for resolution. The court shall consider the best interest factors under ORS 107.137.

D. Emergency Decisions

The parent currently exercising parenting time may make emergency decisions regarding the child's health and safety without prior consultation. The acting parent shall notify the other parent as soon as reasonably possible and no later than 24 hours after the emergency.

E. Day-to-Day Decisions

Each parent has authority over routine daily decisions during that parent's parenting time, including meals, bedtimes, homework, discipline, and daily activities.

IV. PARENTING TIME SCHEDULE

A. Regular Schedule

Both parents shall have parenting time as set forth in the Parenting Plan filed with the court pursuant to ORS 107.102. The parenting time schedule is as follows:

☐ Equal Time — Alternating Weeks:
Parent A: [________________________________] to [________________________________]
Parent B: [________________________________] to [________________________________]

☐ Equal Time — 2-2-3 Rotation:
Parent A: Monday and Tuesday overnights each week
Parent B: Wednesday and Thursday overnights each week
Alternating Friday–Sunday

☐ Equal Time — 5-2-2-5:
Parent A: Monday and Tuesday each week
Parent B: Wednesday and Thursday each week
Alternating Friday–Monday

☐ Custom Schedule:
[________________________________]

B. Holiday Schedule

Holidays shall alternate annually between parents. A detailed holiday schedule is set forth in the Parenting Plan filed with the court, or as follows:

C. Exchanges

Exchange location: [________________________________]
Exchange time: [________________________________]
Transportation: ☐ Receiving parent picks up ☐ Delivering parent drops off ☐ Shared equally

D. Vacation Time

Each parent shall have [____] weeks of uninterrupted vacation time per calendar year, with at least [____] days' advance written notice. Vacation time supersedes the regular schedule. Neither parent shall schedule vacation during the other parent's designated holiday time without written consent.

E. Right of First Refusal

☐ Not applicable.
☐ If either parent is unavailable to care for the child(ren) for more than [____] consecutive hours during that parent's parenting time, that parent shall first offer the time to the other parent before arranging alternative childcare.

V. RELOCATION — ORS 107.159

A. 60-Mile Notice Requirement

Pursuant to ORS 107.159, neither parent may move to a residence more than 60 miles further distant from the other parent without:

1. Providing the other parent at least 60 days' advance written notice of the proposed move; AND
2. Filing a copy of the notice with the [________________________________] County Circuit Court.

B. Impact on Joint Custody

The parents acknowledge that a significant relocation by either parent may make joint custody impractical. If either parent relocates more than 60 miles:

• The relocating parent shall propose a revised parenting time schedule.
• If the parents cannot agree on revised terms, either parent may file a motion to modify custody under ORS 107.135.
• Under In re Marriage of DePriest, the relocating parent bears the burden of showing the move is in good faith and the proposed modified schedule is in the child's best interests.

C. Exception

A parent may seek to have the notice requirement suspended by the court upon ex parte or other motion for good cause, such as documented domestic violence or safety concerns.

VI. COMMUNICATION AND INFORMATION SHARING

A. Parent Communication

Parents shall maintain respectful, child-focused communication through:

• ☐ Direct communication (phone, text, email)
• ☐ Co-parenting application: [________________________________]
• ☐ Written communication only

Response to non-emergency communications within [____] hours.

B. Access to Records

Both parents shall have full and equal access to all records regarding the child(ren) pursuant to ORS 107.154, including:

• School records, report cards, and teacher communications
• Medical, dental, and mental health records
• Extracurricular activity information

Both parents shall be listed as authorized contacts and emergency contacts at all schools and medical providers.

C. Notification Obligations

Each parent shall promptly notify the other of:

• Illness, injury, or hospitalization of the child(ren)
• School disciplinary matters
• Legal proceedings involving the child(ren)
• Changes in household composition (new residents, significant relationships)
• Changes in contact information (address, phone, email, employer)

D. Non-Disparagement

Neither parent shall make derogatory remarks about the other parent, the other parent's family, or household in the child(ren)'s presence. Neither parent shall discuss court proceedings, legal disputes, or financial matters with the child(ren).

VII. DISPUTE RESOLUTION

A. Mediation Requirement

Before filing any motion with the court regarding custody, parenting time, or decision-making, the parents shall first participate in mediation with a qualified family mediator, except:

• Where domestic violence or abuse is present or a FAPA restraining order (ORS 107.700–107.735) is in effect
• Where a party moves to waive mediation due to severe emotional distress (ORS 107.179(4))
• In emergency situations requiring immediate court intervention

B. Mediation Under ORS 107.179

If either parent requests modification from joint to sole custody and the other parent objects, the court shall direct the parties to participate in mediation under ORS 107.179 before making a custody determination.

C. Conciliation Services

Either parent may petition for conciliation services under ORS 107.510 to 107.610 through the [________________________________] County Circuit Court.

D. Custody Evaluation

Either parent may request a custody evaluation pursuant to ORS 107.425. The court may order physical, psychological, or mental health examinations and interview the child(ren) and third parties. Costs shall be allocated by the court.

E. Forum

All proceedings shall be filed in the Circuit Court for [________________________________] County, Oregon.

VIII. ADDITIONAL PROVISIONS

A. Domestic Violence Provisions

☐ No history of domestic violence. Neither parent has been the perpetrator or victim of domestic violence as defined in ORS 107.705.

☐ History of domestic violence exists. Under ORS 107.137(2), there is a rebuttable presumption that it is not in the best interests of the child to award sole or joint custody to the parent who committed abuse. This presumption has been rebutted because: [________________________________]

☐ FAPA order history: [________________________________]

B. Substance Use

Neither parent shall use illegal controlled substances or consume alcohol to the point of impairment during parenting time or within [____] hours before the start of parenting time.

C. Firearms Safety

All firearms in either parent's residence shall be stored unloaded in a locked container with ammunition stored separately, inaccessible to the child(ren).

D. Health Insurance

[________________________________] shall maintain health, dental, and vision insurance for the child(ren).

Unreimbursed medical expenses: ☐ Shared equally ☐ Proportional to income ☐ Other: [________________________________]

E. Child Support

Child support shall be determined in accordance with the Oregon Child Support Guidelines (ORS 25.275) and is addressed:

• ☐ In a separate child support order
• ☐ In the General Judgment of Dissolution
• ☐ As follows: [________________________________]

F. Modification

This agreement may be modified only by:

1. Written stipulation of both parents filed with the court under ORS 107.174 (under penalty of perjury); OR
2. Court order upon motion showing substantial change of circumstances under ORS 107.135.

Under ORS 107.169(4), either parent subject to a joint custody order may seek modification to sole custody upon a showing of changed circumstances.

IX. EXECUTION

We, the undersigned parents, declare under penalty of perjury under the laws of the State of Oregon that:

1. We have read this Joint Custody Agreement and understand its terms.
2. We voluntarily consent to joint custody as required by ORS 107.169(3).
3. We believe this agreement serves the best interests of our child(ren) under ORS 107.137.
4. We have had the opportunity to consult with legal counsel.
5. We have disclosed all material information regarding the child(ren)'s welfare.
6. Neither of us has been coerced, threatened, or improperly influenced.

PARENT A:

Signature: [________________________________]

Printed Name: [________________________________]

Date: [__/__/____]

PARENT B:

Signature: [________________________________]

Printed Name: [________________________________]

Date: [__/__/____]

ATTORNEY FOR PARENT A (if any):

Signature: [________________________________]

Printed Name: [________________________________]

Oregon Bar No.: [________________________________]

ATTORNEY FOR PARENT B (if any):

Signature: [________________________________]

Printed Name: [________________________________]

Oregon Bar No.: [________________________________]

ORDER OF THE COURT

The Court, having reviewed the foregoing Joint Custody Agreement and the accompanying Parenting Plan filed pursuant to ORS 107.102, and finding that:

1. Both parents have voluntarily agreed to joint custody as required by ORS 107.169(3);
2. The agreement serves the best interests and welfare of the child(ren) under ORS 107.137;
3. No rebuttable presumption under ORS 107.137(2) applies, or if it applies, it has been adequately rebutted;

HEREBY ORDERS that the Joint Custody Agreement is APPROVED and incorporated into the:

• ☐ General Judgment of Dissolution
• ☐ Judgment of Custody
• ☐ Supplemental Judgment
• ☐ Other: [________________________________]

Date: [__/__/____]

_________________________________
Circuit Court Judge
[________________________________] County Circuit Court
State of Oregon

SOURCES AND REFERENCES

• ORS 107.169 — Joint custody; agreement required
• ORS 107.137 — Best interest factors for custody
• ORS 107.102 — Parenting plan; content
• ORS 107.105 — Provisions of dissolution judgment
• ORS 107.135 — Modification of judgment; change of circumstances
• ORS 107.159 — Notice of change of residence
• ORS 107.179 — Request for joint custody; mediation
• ORS 107.425 — Custody evaluations
• ORS 107.510–107.610 — Conciliation services
• ORS 107.700–107.735 — Family Abuse Prevention Act (FAPA)
• ORS 107.755 — Court-ordered mediation
• Oregon Judicial Department — Family Law Forms