Oregon Sole Custody Agreement

STIPULATION FOR SOLE CUSTODY AND PARENTING TIME

STATE OF OREGON — CIRCUIT COURT

County of [________________________________]

In the Matter of:

[________________________________], Petitioner,

and

[________________________________], Respondent.

Case No.: [________________________________]

SOLE CUSTODY AGREEMENT WITH PARENTING TIME PROVISIONS

(Pursuant to ORS 107.105 and ORS 107.137)

OREGON LAW CONTEXT

Under Oregon law, when parents do not agree to joint custody, the court awards sole custody to one parent based on the best interest factors in ORS 107.137. Oregon uses the term "custody" to refer to legal decision-making authority and "parenting time" for the noncustodial parent's scheduled time with the child. The noncustodial parent retains parenting time rights and access to the child's records.

Unlike joint custody (ORS 107.169), sole custody does not require the agreement of both parents and may be awarded over one parent's objection. The custodial parent has exclusive authority over major decisions but must comply with parenting time orders and the 60-mile relocation notice requirement under ORS 107.159.

I. PARTIES AND CHILDREN

A. Custodial Parent

Full Legal Name: [________________________________]
Relationship to Child(ren): ☐ Mother ☐ Father
Current Address: [________________________________]
County: [________________________________]
Telephone: [________________________________]
Email: [________________________________]

B. Noncustodial Parent

Full Legal Name: [________________________________]
Relationship to Child(ren): ☐ Mother ☐ Father
Current Address: [________________________________]
County: [________________________________]
Telephone: [________________________________]
Email: [________________________________]

C. Children

II. CUSTODY DESIGNATION AND BEST INTEREST ANALYSIS

A. Sole Custody Award

[________________________________] ("Custodial Parent") shall have sole custody of the child(ren) named above, with full and exclusive authority to make all major decisions regarding the child(ren)'s welfare, including but not limited to:

• Education (school enrollment, special education, tutoring)
• Medical and dental care (providers, treatment, medications, procedures)
• Mental health services (counseling, therapy, psychiatric care)
• Religious upbringing and training
• Extracurricular activities
• Legal matters involving the child(ren)
• Travel outside the State of Oregon

B. Best Interest Factors — ORS 107.137(1)

This sole custody arrangement is based on the following factors as weighed under ORS 107.137(1):

(a) Emotional ties between the child and family members:
[________________________________]

(b) Interest of the parties in and attitude toward the child:
[________________________________]

(c) Desirability of continuing an existing relationship:
[________________________________]

(d) Abuse of one parent by the other:

• ☐ No history of abuse as defined in ORS 107.705.
• ☐ History of abuse exists. Under ORS 107.137(2), there is a rebuttable presumption that it is not in the best interests of the child to award custody to the parent who committed abuse. The abusive parent is [________________________________]. This presumption:
• ☐ Supports awarding sole custody to the non-abusive parent
• ☐ Has been rebutted because: [________________________________]

(e) Preference for the primary caregiver, if deemed fit (ORS 107.137(1)(e)):
The primary caregiver of the child(ren) is [________________________________]. Oregon law gives preference to the primary caregiver if that parent is deemed fit by the court.

(f) Willingness and ability to facilitate relationship with other parent:
[________________________________]

C. Additional Statutory Considerations

• No gender preference: ORS 107.137(3) — No preference in custody shall be given to the mother over the father solely because she is the mother, nor to the father over the mother solely because he is the father.
• Conduct/lifestyle: ORS 107.137(4) — The court shall consider conduct, marital status, income, social environment, or lifestyle only if shown to cause emotional or physical damage to the child.
• Disability: ORS 107.137(5) — A parent's disability shall not be considered unless behaviors or limitations related to the disability endanger the child.

D. Reason for Sole Rather Than Joint Custody

☐ Parents do not agree to joint custody, and joint custody cannot be ordered without agreement under ORS 107.169(3).

☐ Parents previously had joint custody, but sole custody is now appropriate due to changed circumstances under ORS 107.135: [________________________________]

☐ Domestic violence history makes joint custody inappropriate under ORS 107.137(2): [________________________________]

☐ One parent is unwilling or unable to cooperate in joint decision-making: [________________________________]

☐ Other: [________________________________]

III. NONCUSTODIAL PARENT'S PARENTING TIME

A parenting plan shall be filed with the court pursuant to ORS 107.102. The parenting time schedule below shall be incorporated into the parenting plan.

A. Regular Parenting Time Schedule

Select one or specify a custom arrangement:

☐ Schedule A — Standard Oregon Parenting Time

• Alternating weekends: Friday at [____] p.m. to Sunday at [____] p.m.
• One midweek evening: [________________________________] from [____] p.m. to [____] p.m.
• Two weeks during summer vacation with [____] days' advance written notice

☐ Schedule B — Expanded Parenting Time

• Alternating weekends: Friday after school to Monday morning (school drop-off)
• Two midweek evenings: [________________________________] from after school to [____] p.m.
• Four weeks during summer (may be consecutive or split) with [____] days' advance notice

☐ Schedule C — Supervised Parenting Time
(Appropriate where safety concerns exist — domestic violence, substance abuse, child welfare involvement)

• Frequency: [________________________________]
• Duration: [________________________________] per visit

• Supervisor: ☐ Professional supervisor at [________________________________]
  ☐ Approved third party: [________________________________]

• Location: ☐ Supervised visitation center ☐ Public location ☐ Other: [________________________________]

• Cost of supervision: ☐ Noncustodial parent ☐ Shared ☐ Other: [________________________________]
• Conditions for transition to unsupervised parenting time:
• ☐ Completion of [________________________________] (e.g., batterers' intervention program, substance abuse treatment, parenting classes)
• ☐ [____] consecutive months of clean drug/alcohol tests
• ☐ Positive report from supervisor for [____] consecutive visits
• ☐ Custody evaluation under ORS 107.425 recommending unsupervised contact
• ☐ Court review hearing on [__/__/____]

☐ Schedule D — Long-Distance Parenting Time
(Where parents reside more than 60 miles apart)

• School year: One weekend per month ([________________________________])
• Extended breaks: ☐ Alternating spring break ☐ [____] weeks in summer
• Holiday schedule as set forth in Section III.B
• Virtual contact: [________________________________]

☐ Schedule E — Custom Schedule
[________________________________]

B. Holiday Schedule

Holiday parenting time supersedes the regular schedule.

C. Exchanges

Exchange location: [________________________________]
Exchange time: [________________________________]
Transportation: [________________________________]

Safety provisions for exchanges (if applicable):

• ☐ Curbside exchange — the parent picking up shall remain in the vehicle; the other parent shall send the child(ren) out
• ☐ Neutral third-party exchange at [________________________________]
• ☐ Exchange through school (drop-off/pick-up on consecutive days)
• ☐ Police station or public building exchange
• ☐ Other: [________________________________]

D. Right of First Refusal

☐ Not applicable.
☐ If the custodial parent is unavailable to personally care for the child(ren) for more than [____] consecutive hours, the custodial parent shall first offer the noncustodial parent the opportunity to provide care before arranging third-party childcare.

IV. NONCUSTODIAL PARENT'S RIGHTS

Although custody is sole, the noncustodial parent retains the following rights:

A. Access to Records — ORS 107.154

The noncustodial parent shall have full access to the child(ren)'s:

• School and educational records (directly from the school)
• Medical, dental, and mental health records (directly from providers)
• Extracurricular activity information

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

B. Notification Rights

The custodial parent shall provide the noncustodial parent with:

• Report cards, progress reports, and school event notices within [____] days of receipt
• Notice of any illness, injury, or hospitalization within 24 hours
• Notice of school disciplinary actions promptly
• Notice of any change in the child(ren)'s school enrollment at least [____] days in advance
• Notice of any legal proceedings involving the child(ren) promptly

C. Attendance at Events

The noncustodial parent may attend the child(ren)'s school events, extracurricular activities, performances, and other public activities. Both parents shall conduct themselves respectfully at shared events.

D. Communication with Child(ren)

The custodial parent shall facilitate reasonable telephone and/or video communication between the noncustodial parent and the child(ren) during the custodial parent's time:

• ☐ Daily at approximately [____] a.m./p.m. for up to [____] minutes
• ☐ [____] times per week at reasonable times
• ☐ As mutually agreed

Neither parent shall monitor, record, or interfere with the child(ren)'s private communication with the other parent, except as necessary for age-appropriate supervision.

V. RELOCATION — ORS 107.159

A. 60-Mile Rule

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 reasonable advance written notice (minimum 60 days) to the other parent; AND
2. Filing a copy of the notice with the Circuit Court.

B. Custodial Parent Relocation

If the custodial parent proposes to relocate:

• The custodial parent shall provide written notice including the new address, reason for the move, proposed move date, and a proposed revised parenting time schedule.
• If the noncustodial parent objects, the noncustodial parent shall file a motion to modify custody or parenting time under ORS 107.135.
• Under Oregon case law (In re Marriage of DePriest), the court evaluates whether the relocation is in good faith and whether the proposed revised schedule adequately protects the noncustodial parent's relationship with the child.

C. Noncustodial Parent Relocation

If the noncustodial parent relocates, the parenting time schedule shall be modified by agreement or court order to accommodate the new distance. The noncustodial parent shall bear additional transportation costs unless otherwise agreed.

D. Exception

The court may suspend the notice requirement upon ex parte or other motion for good cause, such as documented domestic violence or safety concerns.

VI. DOMESTIC VIOLENCE PROVISIONS

A. FAPA Orders

☐ Not applicable — no Family Abuse Prevention Act (FAPA) restraining order is in effect.

☐ A FAPA restraining order under ORS 107.700 to 107.735 is currently in effect:

• Petitioner: [________________________________]
• Respondent: [________________________________]
• Date issued: [__/__/____]
• Expiration: [__/__/____]
• Terms affecting custody/parenting time: [________________________________]

☐ A FAPA order was previously in effect but has expired or been dismissed.

B. Safety Provisions

Where domestic violence history exists, the following safety provisions apply:

☐ No direct contact between parents at exchanges — all communication through [________________________________]
☐ Exchanges at a supervised location: [________________________________]
☐ No overnight parenting time until: [________________________________]
☐ Completion of batterers' intervention program required before unsupervised parenting time
☐ Drug/alcohol testing required: [________________________________]
☐ Parenting time is supervised as set forth in Section III.A, Schedule C
☐ Geographic restriction: The noncustodial parent shall not come within [____] feet of the custodial parent's residence, workplace, or child(ren)'s school except during scheduled exchanges
☐ Other: [________________________________]

C. Rebuttable Presumption — ORS 107.137(2)

Where a parent has committed abuse as defined in ORS 107.705, there is a rebuttable presumption that it is not in the best interests of the child to award sole or joint custody to the abusive parent. The presumption may be rebutted by showing that the abusive parent has completed treatment, demonstrates changed behavior, and that custody or unsupervised parenting time does not endanger the child.

VII. ADDITIONAL PROVISIONS

A. Parent Communication

Parents shall communicate regarding the child(ren) through:

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

B. Non-Disparagement

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

C. 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.

D. 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), in compliance with Oregon law.

E. Health Insurance

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

Unreimbursed medical, dental, and mental health expenses:

• ☐ Custodial parent pays [____]% / Noncustodial parent pays [____]%
• ☐ Shared equally
• ☐ Other: [________________________________]

F. 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: [________________________________]

VIII. DISPUTE RESOLUTION

A. Mediation

Before filing any motion regarding parenting time with the court, the parents shall participate in mediation, except:

• Where domestic violence or abuse is present or a FAPA order is in effect
• In emergency situations
• Where mediation is waived under ORS 107.179(4) due to severe emotional distress

B. Conciliation Services

Either parent may petition for conciliation services under ORS 107.510 to 107.610.

C. Custody Evaluation

Either parent may request a custody evaluation under ORS 107.425.

D. Forum

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

IX. MODIFICATION

A. Modification Standard

This custody order may be modified only upon a showing of substantial change of circumstances under ORS 107.135. The moving party bears the burden of proof.

B. Parenting Time Modification by Stipulation

If both parents agree to modify parenting time, they may file a stipulation under ORS 107.174. The stipulation must be declared under penalty of perjury or under oath, and the form must comply with State Court Administrator requirements.

C. Interference with Parenting Time

Under ORS 107.135(11), repeated and unreasonable denial of or interference with parenting time may constitute a substantial change of circumstances sufficient to support modification.

X. EXECUTION

We, the undersigned parents, declare under penalty of perjury under the laws of the State of Oregon that the foregoing is true and correct and that we voluntarily agree to the terms set forth herein.

CUSTODIAL PARENT:

Signature: [________________________________]

Printed Name: [________________________________]

Date: [__/__/____]

NONCUSTODIAL PARENT:

Signature: [________________________________]

Printed Name: [________________________________]

Date: [__/__/____]

ATTORNEY FOR CUSTODIAL PARENT (if any):

Signature: [________________________________]

Printed Name: [________________________________]

Oregon Bar No.: [________________________________]

ATTORNEY FOR NONCUSTODIAL PARENT (if any):

Signature: [________________________________]

Printed Name: [________________________________]

Oregon Bar No.: [________________________________]

ORDER OF THE COURT

The Court, having reviewed the foregoing Sole Custody Agreement, the accompanying Parenting Plan filed pursuant to ORS 107.102, and the evidence presented, and finding that sole custody to [________________________________] is in the best interests and welfare of the child(ren) under ORS 107.137, hereby ORDERS:

☐ Sole custody of the child(ren) is awarded to [________________________________].
☐ Parenting time for the noncustodial parent is established as set forth herein.
☐ The Parenting Plan filed herewith is approved and incorporated pursuant to ORS 107.102.
☐ The 60-mile relocation notice requirement of ORS 107.159 is included.
☐ Other: [________________________________]

This order is 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 107.105 — Provisions of dissolution judgment
• ORS 107.106 — Provisions of order for custody, parenting time
• ORS 107.137 — Best interest factors for custody
• ORS 107.102 — Parenting plan; content
• ORS 107.135 — Modification; change of circumstances
• ORS 107.154 — Access to records of child
• ORS 107.159 — Notice of change of residence
• ORS 107.169 — Joint custody only by agreement
• ORS 107.425 — Custody evaluations
• ORS 107.510–107.610 — Conciliation services
• ORS 107.700–107.735 — Family Abuse Prevention Act (FAPA)
• Oregon Judicial Department — Family Law Forms