Filing for Custody in Oregon: Forms, Fees, and Step-by-Step Process

Filing for custody in Oregon follows a defined sequence, and missing a step can delay your case by months or — in a worst case — result in a default judgment where the other parent gets terms they chose. Here's the actual process, start to finish.

Before You File: Residency Requirements

If the marriage was solemnized outside Oregon, at least one party must have resided continuously in Oregon for six months immediately before filing. If the marriage was solemnized in Oregon, either party must be a resident or domiciled in Oregon when the suit is commenced.

For the court to have jurisdiction over custody specifically, the child typically must have lived in Oregon with a parent for at least six consecutive months under the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA).

You file in the Circuit Court of the county where either parent currently resides. There's no minimum county residency — you can file immediately after moving to a new county within Oregon.

Step 1: Choose Your Filing Path

Solo petition — One parent files as the Petitioner and serves the other parent (the Respondent) with the summons and petition. The Respondent has 30 days to file a response.

Co-petition — Both parents file together as Co-Petitioners. This skips formal service, avoids the separate $301 response fee and 30-day response window, and signals to the court that you're cooperating. When all terms are agreed, it also does not require mandatory mediation. If you and your co-parent have already agreed on terms, this is the fastest and cheapest path.

Step 2: Prepare Your Forms

Oregon uses standardized court forms available through the Oregon Judicial Department's online portal. For a custody case filed as part of a dissolution, the core forms include:

• Petition for Dissolution of Marriage (or Petition for Custody if unmarried)
• Summons
• Confidential Information Form (CIF) — filed with the court but sealed from public view
• Parenting plan — required in every case involving minor children
• Child support worksheets — using the Oregon Income Shares Model

Oregon also offers an interactive "Guide and File" system (OJD iForms) that walks you through each form with plain-language questions. The system generates completed forms you can print and file.

Step 3: Pay the Filing Fee

The filing fee for a dissolution or custody case in Oregon is $301. If you can't afford the fee, you can apply for a fee waiver or deferral by submitting a Fee Deferral or Waiver Application and Declaration.

Step 4: Serve the Other Parent

If you filed as a solo petitioner, you must formally serve the Respondent with the petition and summons unless the Respondent files an Acceptance of Service. Arrange personal service through a private process server or county sheriff; you cannot serve the papers yourself. Typical process-server fees are $35-$75, depending on county and distance.

The Respondent then has 30 days to file a response. If they don't respond within 30 days, you can pursue a default judgment — but be aware that some counties enforce a 90-day waiting period in default cases before the judge will sign the final order.

Step 5: Complete Mandatory Requirements

Two court-mandated steps must happen before a judge will sign your final judgment:

Parent education class — Parent education is required in most Oregon counties. Use a county-approved course and confirm the current county fee; online programs are not all accepted. You must file a certificate of completion with the court.

Mandatory mediation — If you and the other parent disagree on any custody or parenting time issue, the court will order mediation before scheduling a trial. Most counties provide free mediation through their family court services department. Cases involving active FAPA restraining orders or documented domestic violence are exempt.

Step 6: Finalize the Judgment

If you reach agreement (either before filing, during mediation, or through negotiation), you submit the agreed parenting plan and settlement terms as a stipulated judgment. Oregon repealed its mandatory waiting period in 2012, so a judge can sign immediately upon receiving complete paperwork. Uncontested cases with children can conclude in a matter of weeks.

If you can't agree, the case proceeds to trial where a judge decides custody and parenting time based on the best-interests factors under ORS 107.137.

What Happens If You Don't Respond

If you've been served and don't file a response within 30 days, the court can enter a default judgment. This means the Petitioner gets the custody and parenting time terms they requested — potentially without a hearing. Monitoring your email and mail for court communications is critical. A missed deadline can result in losing significant custody rights.

The Oregon Child Custody & Parenting Plan Guide includes county-specific checklists and filing sequences to keep your case on track from petition through final judgment.

See more Oregon guides →