How to modify child custody and parenting time in Oregon

Sources last checked 7 November 2026. Information only, not legal advice. This page rests on the text of Oregon Revised Statutes 107.135 (modification of a judgment), 107.169 (joint custody and its modification), 107.137 (best-interest factors), 107.159 (notice of a change of residence), 107.174 (stipulated parenting time changes) and 107.138 (temporary status quo order), as published by the Oregon Legislature, plus the Oregon Judicial Department’s modification forms page. Oregon’s statutes say “parenting time” for time with the child. Read what we could not confirm below.

Oregon divorce kit Child custody in Oregon Modifying child support and spousal support in Oregon After your divorce: changing a support or custody order

The short version

ORS 107.135(1)(a) lets the court, “upon the motion of either party” and after notice to the other, “set aside, alter or modify” the custody and parenting time parts of a divorce judgment at any time after it is granted. The statute says “at any time” and states no waiting period. For a joint custody order, ORS 107.169(5) states the test: you must show changed circumstances and “a showing that the modification is in the best interests of the child”. That subsection ties the showing to the one “such as would support modification of a sole custody order”, which implies the same two-part test for sole custody, though ORS 107.135 itself does not spell it out. Parents who agree on a parenting time change can use a stipulation under ORS 107.174. For changing child support or spousal support instead, see modifying child support and spousal support in Oregon.

The test for changing custody

Power to modify, ORS 107.135(1)(a). The court may “set aside, alter or modify” any part of the judgment that provides for custody, parenting time, visitation, support and welfare of the minor children, on a motion by either party after service of notice under ORCP 7.
Two things to show, ORS 107.169(5). Changing a joint custody order requires a showing of changed circumstances and “a showing that the modification is in the best interests of the child”.
Cooperation breakdown counts. “Inability or unwillingness to continue to cooperate” is, by statute, a change of circumstances sufficient to modify a joint custody order.
Military absence does not count. A parent’s inability to comply with a joint custody order because of a temporary absence on state active duty or federal service as a member of the Oregon National Guard is not a change of circumstances. Temporary absence means a period not exceeding 30 consecutive months.
Joint custody needs agreement. The court shall not order joint custody “unless both parents agree” to its terms. When parents have agreed to joint custody in an order or judgment, the court may not overrule that agreement by ordering sole custody to one parent.

The best-interest factors, ORS 107.137

Standard. In deciding custody the court gives “primary consideration to the best interests and welfare of the child”.
Factors. The court considers the emotional ties between the child and other family members; the interest of the parties in and attitude toward the child; the desirability of continuing an existing relationship; the abuse of one parent by the other; the preference for the primary caregiver, if the court finds that person fit; and each parent’s willingness and ability “to facilitate and encourage a close and continuing relationship” with the other parent.
Safety exception. The court may not weigh that willingness and ability if one parent shows the other has sexually assaulted, or engaged in a pattern of abuse against, the parent or a child and that a continuing relationship will endanger anyone’s health or safety.
Abuse presumption. If 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 that parent, other than in the rape-conception situation covered by a separate bar.
Conduct and lifestyle. The court considers a party’s conduct, marital status, income, social environment or lifestyle only if it is shown to be causing or likely to cause emotional or physical damage to the child. No preference may be given to a parent solely on gender, and a parent’s disability may not be considered unless related behaviors or limitations endanger or will likely endanger the child.
No single factor. The court may not decide best interests by isolating one factor and relying on it to the exclusion of the others.

Changing parenting time

Same motion. ORS 107.135(1)(a) covers parenting time and custody in the same sentence. We did not find a separate lighter statutory test for parenting time and did not read case law on one, so do not assume it is easier.
Agreed changes, ORS 107.174. The court shall order a modification of parenting time under ORS 107.135 if the parents submit “a stipulation signed by both of the parents” asking for it, with a form of order. The stipulation must be declared under penalty of perjury or made under oath. The court may still set a hearing and require the parents to appear.
Exception. The stipulation route does not apply when the child is in another state that has enacted the UCCJEA and a court there would have jurisdiction over custody and parenting time.

Moving and notice of a change of residence

Notice rule, ORS 107.159. A custody and parenting time order must say that neither parent may move to a residence “more than 60 miles further distant from the other parent” without giving the other parent “reasonable notice of the change of residence”, with a copy to the court.
Suspension. The court may suspend that notice requirement for good cause on a parent’s motion, including an ex parte motion.
What it does not say. The statute requires notice. It does not say a move is a change of circumstances or how a court weighs a proposed move when deciding custody. We did not read case law on that.

Protecting the status quo while your motion is pending

Temporary status quo order, ORS 107.138. On a party’s motion in a modification proceeding, the court may enter a temporary order after notice and a chance to contest. Notice must be served “at least 21 days before the date set for the hearing”, and the hearing is limited to the status quo when the motion was filed.
What it restrains. The order bars changing the child’s placement and daily schedule, hiding the child, interfering with the other parent’s usual contact and parenting time, and leaving the state with the child without written permission or the court’s permission, until the motion is granted or denied.

Forms and filing

Statewide packets. The Oregon Judicial Department lists three modification packets: a motion requesting modification of custody, parenting time or child support; a response to a modification request; and a motion for modification due to military deployment. It says “Use only ONE of the packets listed below.”
Who can use them. The motion packet may be used by parents with judgments of dissolution or separation, and by unmarried parents with a judgment on custody, parenting time or support. Its instruction form explains how to file stipulated changes.
If you are served. If you do not agree with all the requested changes, you must respond in writing by the deadline in the Order to Show Cause, “typically 30 days”. Some courts also require a personal appearance.
Child support is separate. The court system says requests to change child support may be made to the Oregon Child Support Program under certain circumstances. See child custody in Oregon for the broader picture.

What we could not confirm

Case law. We read no Oregon appellate decision. ORS 107.135 does not itself state a change-of-circumstances test for a sole custody order; we confirmed that test only through ORS 107.169(5). How courts apply it, including how much change is enough, is unconfirmed.
Moves. We did not confirm how Oregon courts treat a parent’s relocation as grounds to change custody or parenting time.
Parenting time standard. We did not confirm whether a different or lighter standard governs a change to parenting time alone.
Other statutes. We did not read the parenting plan rules (ORS 107.102), the UCCJEA sections, the mediation provisions, ORS 107.139 or the Uniform Trial Court Rules.
Fees and local rules. We did not confirm filing fees, fee waivers or local court practice, and we did not open the individual form PDFs.
Statute currency. The chapter 107 text we read cites a 2025 session law amendment to ORS 107.137. We did not check for anything after that.

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