Relocation and Child Custody in Oregon: The 60-Mile Rule Explained

A job offer in Seattle. A partner in California. A chance to be closer to family in another state. Relocation is one of the most contested issues in Oregon custody cases because it forces a fundamental restructuring of the parenting schedule — and the other parent usually doesn't want that to happen.

The 60-Mile Rule

Under ORS 107.159, a parent granted sole or joint custody who plans to move more than 60 miles further away from the other parent must provide written notice to both the other parent and the court. Confirm with the court what specific contents are currently required in the notice.

Key points about the 60-mile rule:

• The measurement is the additional distance from the other parent, not total distance between households
• It applies to moves within Oregon as well as out-of-state relocations
• Failure to provide proper notice can create a court dispute and may affect how the court evaluates the relocation
• The rule applies to a parent granted sole or joint custody; "primary residential custody" is not Oregon's statutory label

You Can't Just Move

Providing notice is not the same as getting permission. After receiving notice, the other parent can file an objection and request a hearing. The court then evaluates the proposed relocation using the best-interests factors under ORS 107.137.

Courts consider:

The reason for the move — A legitimate reason (new employment, closer to family support, educational opportunity) carries weight. Moving purely to create distance from the other parent does not.

The impact on parenting time — Can a workable schedule be maintained with the new distance? A move from Portland to Bend (165 miles) is different from Portland to Miami (3,000 miles).

The child's ties to the current community — School, friends, extracurricular activities, extended family, and healthcare providers. The deeper these roots, the stronger the argument against disruption.

The child's age and developmental needs — Younger children may adapt more easily to a new community but struggle more with long-distance transitions. Older children may have stronger community ties but greater capacity to maintain long-distance relationships.

Each parent's willingness to facilitate the relationship — A relocating parent who proposes a generous long-distance schedule (6-8 weeks of summer, alternating Thanksgiving and spring breaks, half of winter break, and virtual contact provisions) demonstrates good faith. One who proposes minimal contact does not.

Long-Distance Parenting Plans

If the relocation is approved, the existing parenting plan needs a complete overhaul. A researched Oregon long-distance pattern uses:

School year — The child resides primarily with the relocating parent during school weeks. The non-relocating parent may have reduced weekend contact depending on distance.

Summer vacation — The non-relocating parent usually receives a significant block of summer (6-8 weeks), compensating for reduced contact during the academic year.

School breaks — Alternating Thanksgiving and spring breaks, and half of winter break.

Transportation costs — Address how travel will be arranged and paid for in the revised parenting plan; the allocation depends on the case.

Virtual contact — Regular video calls, phone calls, and messaging provisions become essential rather than optional.

Relocation Without Court Approval

Moving more than 60 miles without providing the required notice or in defiance of a court order can trigger a court dispute over the move and parenting plan. The court may evaluate the relocation and any requested custody or parenting-time change under the child's best interests.

If the Other Parent Wants to Move

If your co-parent notifies you of a planned relocation and you object, file your objection and request a hearing promptly; confirm the applicable county procedure.

The Oregon Child Custody & Parenting Plan Guide includes long-distance parenting plan templates and a relocation notification checklist for both moving and non-moving parents.

See more Oregon guides →