Oregon Sole Custody Agreement

SOLE CUSTODY AGREEMENT AND PARENTING PLAN

Oregon Use Notice

This document is a proposed agreement and parenting plan. It does not create or modify a custody order until the court approves and enters the appropriate judgment or order.

ORS 107.169(3) prevents a court from ordering joint custody unless both parents agree to the terms and conditions. If the parents do not agree to joint custody, the court may determine custody under ORS 107.105 and 107.137. An agreement by the parents does not replace the court's best-interest and safety review.

Do not use this document as:

• an emergency or without-notice custody application;
• a Family Abuse Prevention Act petition;
• a nonparent custody or guardianship agreement;
• a substitute for required child-support documents; or
• a private post-judgment modification without court approval.

Court Caption

IN THE CIRCUIT COURT OF THE STATE OF OREGON

FOR THE COUNTY OF [________________________________]

Case No.: [________________________________]

1. Parents and Case

Proposed custodial parent: [________________________________]

Proposed noncustodial parent: [________________________________]

Case type: ☐ Annulment ☐ Dissolution ☐ Separation

Petition filed: [__/__/____]

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

2. Children

3. Proposed Sole Custody

The parents request that the court award sole custody to [________________________________]. The proposed custodial parent will have authority over major decisions, subject to the entered judgment and any authority or restriction the law or court preserves for the other parent.

A. Major Decisions

B. Reason Sole Custody Is Proposed

☐ The parents do not agree to joint custody.

☐ The parents agree that sole custody is in the children's best interests because: [________________________________]

☐ A prior joint-custody order is the subject of a properly filed modification request based on: [________________________________]

☐ Abuse or another safety issue requires specific findings and terms: [________________________________]

☐ Other: [________________________________]

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 parties 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: [________________________________]
• parental conduct, environment, or lifestyle shown to cause or potentially cause harm, if any: [________________________________]
• other relevant circumstances: [________________________________]

The parties 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 that presumption applies or is rebutted depends on the evidence and the statute; this agreement does not substitute a private treatment checklist for the court's determination.

5. Parenting-Time Schedule

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

A. Regular School-Year Schedule

Noncustodial parent's time: [________________________________]

Minimum parenting time and access: [________________________________]

Custodial parent's remaining time: [________________________________]

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 parties 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: [________________________________]
• 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 minimum. A court may suspend the notice requirement for good cause on ex parte or other motion.

The parties 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.

9. 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.

10. Dispute Resolution

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 declining mediation through an applicable safety process.

11. Modification and Enforcement

An entered custody or parenting-time judgment remains controlling until the court changes it.

ORS 107.135 authorizes post-judgment modification through a motion and required service. The applicable custody-modification standard must be established on the actual record; this agreement does not reduce that analysis to a generic phrase.

ORS 107.135(11) permits the court, when reconsidering custody or parenting time, to consider repeated and unreasonable denial of or interference with parenting time as a substantial changed circumstance.

For a stipulated parenting-time modification, ORS 107.174 generally requires both parents' signatures, a proposed order, and a stipulation made under oath or declared under penalty of perjury in the form prescribed by the State Court Administrator. The court may set a hearing, and the statute contains an interstate exception.

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.

Proposed Custodial Parent

Signature: [________________________________]

Printed name: [________________________________]

Date: [__/__/____]

Address or protected contact method: [________________________________]

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

Proposed Noncustodial Parent

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.

☐ Sole custody is awarded to [________________________________].

☐ 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