Parent and Child Rights and Relationships

ORS 109.704
Definitions for ORS 109

As used in ORS 109.701 (Short title) to 109.834 (Severability clause):


“Abandoned” means left without provision for reasonable and necessary care or supervision.


“Child” means an individual who has not attained 18 years of age.


“Child custody determination” means a judgment or other order of a court providing for the legal custody, physical custody, parenting time or visitation with respect to a child. “Child custody determination” includes a permanent, temporary, initial and modification order. “Child custody determination” does not include an order relating to child support or other monetary obligation of an individual.


“Child custody proceeding” means a proceeding in which legal custody, physical custody, parenting time or visitation with respect to a child is an issue. “Child custody proceeding” includes a proceeding for divorce, separation, neglect, abuse, dependency, guardianship, parentage, termination of parental rights and protection from domestic violence in which the issue may appear. “Child custody proceeding” does not include a proceeding involving juvenile delinquency, contractual emancipation or enforcement under ORS 109.774 (Definitions for ORS 109) to 109.827 (Costs and expenses of district attorney and law enforcement officers).


“Commencement” means the filing of the first pleading in a proceeding.


“Court” means an entity authorized under the law of a state to establish, enforce or modify a child custody determination.


“Home state” means the state in which a child lived with a parent or a person acting as a parent for at least six consecutive months immediately before the commencement of a child custody proceeding. In the case of a child less than six months of age, “home state” means the state in which the child lived from birth with any of the persons mentioned. Any temporary absence of any of the mentioned persons is part of the period.


“Initial determination” means the first child custody determination concerning a particular child.


“Issuing court” means the court that makes a child custody determination for which enforcement is sought under ORS 109.701 (Short title) to 109.834 (Severability clause).


“Issuing state” means the state in which a child custody determination is made.


“Modification” means a child custody determination that changes, replaces, supersedes or is otherwise made after a previous determination concerning the same child, whether or not it is made by the court that made the previous determination.


“Person” means an individual, corporation, public corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, government or a governmental subdivision, agency or instrumentality, or any other legal or commercial entity.


“Person acting as a parent” means a person, other than a parent, who:


Has physical custody of the child or has had physical custody for a period of six consecutive months, including any temporary absence, within one year immediately before the commencement of a child custody proceeding; and


Has been awarded legal custody by a court or claims a right to legal custody under the law of this state.


“Physical custody” means the physical care and supervision of a child.


“State” means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands or any territory or insular possession subject to the jurisdiction of the United States.


“Tribe” means an Indian tribe or band, or Alaska Native village, that is recognized by federal law or formally acknowledged by a state.


“Warrant” means an order issued by a court authorizing law enforcement officers to take physical custody of a child. [1999 c.649 §2; 2003 c.576 §159; 2017 c.651 §34; 2021 c.97 §13]
Note: See note under 109.701 (Short title).

Notes of Decisions

In determining whether absence is “temporary absence,” Oregon adopts totality of circumstances test, which looks at all surrounding circumstances of purported temporary absence, including intent of parties and duration of absence, to assess whether absence should be treated as temporary departure from putative home state. Schwartz and Battini, 289 Or App 332, 410 P3d 319 (2017)

Law Review Citations

80 OLR 301 (2001)


Last accessed
May 30, 2023