Marital Dissolution, Annulment and Separation

ORS 107.169
Joint custody of child

  • modification


As used in this chapter, “joint custody” means an arrangement by which parents share rights and responsibilities for major decisions concerning the child, including, but not limited to, the child’s residence, education, health care and religious training. An order providing for joint custody may specify one home as the primary residence of the child and designate one parent to have sole power to make decisions about specific matters while both parents retain equal rights and responsibilities for other decisions.


The existence of an order of joint custody shall not, by itself, determine the responsibility of each parent to provide for the support of the child.


The court shall not order joint custody, unless both parents agree to the terms and conditions of the order.


When parents have agreed to joint custody in an order or a judgment, the court may not overrule that agreement by ordering sole custody to one parent.


Modification of a joint custody order shall require showing of changed circumstances and a showing that the modification is in the best interests of the child such as would support modification of a sole custody order. Inability or unwillingness to continue to cooperate shall constitute a change of circumstances sufficient to modify a joint custody order.


(a) The inability of a parent to comply with the terms and conditions of a joint custody order due to the parent’s temporary absence does not constitute a change of circumstances if the parent’s temporary absence is caused by the parent being:


Called into state active duty as defined in the Oregon Code of Military Justice; or


Called into active federal service under Title 10 of the United States Code as a member of the Oregon National Guard.


As used in this subsection, “temporary absence” means a period not exceeding 30 consecutive months. [1987 c.795 §6; 2003 c.576 §114; 2005 c.79 §3; 2013 c.81 §21]

Notes of Decisions

Where dissolution judgment awards sole physical custody to one parent, provision of extensive visitation rights does not create de facto joint custody. Gatti and Gatti, 73 Or App 581, 699 P2d 1151 (1985); Willey and Willey, 155 Or App 352, 963 P2d 141 (1998)

Inability or unwillingness to abide by support provision of joint custody agreement constitutes changed circumstance. Horner and Horner, 119 Or App 112, 849 P2d 560 (1993)

Law Review Citations

35 WLR 523, 601 (1999)

Chapter 107

Notes of Decisions

Trial court has authority to establish liquidated sum as amount owed by spouse under settlement agreement. Horner and Horner, 119 Or App 112, 849 P2d 560 (1993)

Atty. Gen. Opinions

Emergency or necessity as the only grounds for waiver of 90-day period, (1971) Vol 35, p 982

Law Review Citations

55 OLR 267-277 (1976); 27 WLR 51 (1991)


Last accessed
Jun. 26, 2021