Parent and Child Rights and Relationships

ORS 109.741
Initial child custody jurisdiction

(1)

Except as otherwise provided in ORS 109.751 (Temporary emergency jurisdiction), a court of this state has jurisdiction to make an initial child custody determination only if:

(a)

This state is the home state of the child on the date of the commencement of the proceeding, or was the home state of the child within six months before the commencement of the proceeding and the child is absent from this state but a parent or person acting as a parent continues to live in this state;

(b)

A court of another state does not have jurisdiction under subsection (1)(a) of this section, or a court of the home state of the child has declined to exercise jurisdiction on the ground that this state is the more appropriate forum under ORS 109.761 (Inconvenient forum) or 109.764 (Jurisdiction declined by reason of conduct), and:

(A)

The child and the child’s parents, or the child and at least one parent or a person acting as a parent, have a significant connection with this state other than mere physical presence; and

(B)

Substantial evidence is available in this state concerning the child’s care, protection, training and personal relationships;

(c)

All courts having jurisdiction under subsection (1)(a) or (b) of this section have declined to exercise jurisdiction on the ground that a court of this state is the more appropriate forum to determine the custody of the child under ORS 109.761 (Inconvenient forum) or 109.764 (Jurisdiction declined by reason of conduct); or

(d)

No court of any other state would have jurisdiction under the criteria specified in subsection (1)(a), (b) or (c) of this section.

(2)

Subsection (1) of this section is the exclusive jurisdictional basis for making a child custody determination by a court of this state.

(3)

Physical presence of, or personal jurisdiction over, a party or a child is not necessary or sufficient to make a child custody determination. [1999 c.649 §13]
Note: See note under 109.701 (Short title).

Notes of Decisions

Minimum contacts and service within Oregon are not required for court to have jurisdiction to make custody determination. Department of Human Services v. M.H., 256 Or App 306, 300 P3d 1262 (2013), Sup Ct review denied

Law Review Citations

80 OLR 301 (2001)

Source

Last accessed
May 30, 2023

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