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Oregon Custody Petition

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PETITION FOR CUSTODY AND PARENTING TIME UNDER ORS 109.103 AND CHILD SUPPORT

IN THE CIRCUIT COURT OF THE STATE OF OREGON

FOR THE COUNTY OF

In the Matter of:

Case No.

PETITION FOR CUSTODY AND PARENTING TIME under ORS 109.103 and CHILD SUPPORT

DOMESTIC RELATIONS CASE SUBJECT TO FEE UNDER ORS 21.111

I.

is the mother and is the father of born .

II.

Paternity of the child/ren has been established:

by filing with the State Registrar of Vital Statistics a voluntary acknowledgment of paternity:

by administrative order docketed with the County Circuit Court:

by judicial order entered by the County Circuit Court in Case No. :

by:

III.

The minor child/ren reside(s) in County, State of . The petitioner resides in County, State of . The respondent resides in County, State of .

IV. (Check all boxes that apply)

The child/ren have lived in Oregon continuously for the last six months.

The child/ren have lived in Oregon continuously for six months sometime during the last twelve months and the child/ren are not now in Oregon but one parent lives in this state.

The child/ren have lived in another state continuously for six months but a court in that state has declined to exercise jurisdiction on the ground that this state is the more appropriate forum, and

The child/ren and have significant connections to Oregon and substantial evidence about them is available here.

The child/ren are physically present in Oregon, and

The child/ren have been abandoned, or

An emergency exists because the child, or a sibling or parent of the child, is subject to or threatened with mistreatment or abuse.

The current residence or mailing address of the minor child/ren is:

VI.

The places where the minor child/ren have lived in the last five years and the names of the person with whom these child/ren have resided are:

Dates       County/State       With Whom       Which Children

VII.

The current addresses of the persons listed in paragraph 6 are:

VIII.

I have not participated in any litigation concerning the custody, visitation, parenting time or placement of the children in this or any other state.

I have participated in the following litigation regarding the child/ren’s custody, visitation, parenting time or placement:

IX.

I do not know of any other domestic violence, custody, visitation, parenting time or placement proceeding involving the child/ren pending in this or any other state except for:

X.

I do not know any person (other than the respondent) who has physical custody of the child/ren or who claims to have custody, visitation or parenting time rights except for:

PARENTING PLAN

XI.

is/are a fit and proper person(s) to be awarded custody of the parties’ minor children. Custody of the child/ren should be awarded as follows:

Mother should be awarded custody of the following child/ren:

Father should be awarded custody of the following child/ren:

should have parenting time in accordance with County .

Specific parenting time should be as follows:

Additional page(s) attached; see “Exhibit A.”

Mother and father should each provide contact addresses and contact telephone numbers to the other and notify each other of any emergency circumstances or substantial changes in the child/ren’s health.

should not be granted parenting time because this would endanger the health or safety of the child/ren.

Petitioner should be allowed to move more than 60 miles distant from the other parent without advance written notice because good cause exists.

CHILD SUPPORT

XII.

There are no existing child support orders, administrative or judicial, currently in effect in the State of Oregon or any other state.

The following child support order(s) is/are currently in effect:

A certified copy of this order(s) is attached to this petition.

XIII.

No child support should be ordered in this case because:

Child support in the amount of $ monthly has already been ordered and docketed with the County Circuit Court Other reason:

Child support should be paid by to beginning on the first day of the month following the date of the judgment and continuing on the first (1st) day of each month thereafter.

The total payment of child support per month should be $ for children.

The support amount was calculated pursuant to the support guidelines set out in Oregon’s Administrative Rules. The support amount:

does not deviate from the amount presumed correct under the guidelines

does deviate from the amount presumed correct under these guidelines because

XIV.

Oregon law requires that child support on all new or modified orders be collected by income withholding. Exceptions may be granted under the provisions of ORS 25.317.

All payments of child support should be made to the Oregon Department of Justice, Child Support Accounting Unit, P. O. Box 14506, Salem, Oregon, 97309. Petitioner requests that collection, accounting, disbursement, and enforcement services be provided by the State of Oregon’s Department of Justice. In addition, support for a child attending school (between 18 and 21 years of age) as defined in ORS 107.108, should be distributed by the Oregon Department of Justice, Child Support Accounting Unit directly to the child subject to ORS 107.108.

LIFE INSURANCE COVERAGE FOR CHILD/REN

XV.

should obtain and maintain life insurance for the benefit of the parties’ child/ren throughout the period of the support obligation.

MEDICAL INSURANCE COVERAGE FOR CHILD/REN

XVI.

Throughout the period of the support obligation, should name the child/ren as beneficiaries of any health, accident, dental, orthodontic, and optical insurance plan, available through that parent’s employment, group, or union, at a cost not to exceed the amount of child support awarded in the final judgment.

If that parent maintains this insurance but the insurance does not provide complete coverage, that parent should pay one-half all of the uninsured costs.

Whenever does not have health, accident, dental, orthodontic, or optical insurance available through employment, group or union membership, that parent should pay one-half all uninsured costs incurred by the child/ren throughout that period, including costs for prescriptions.

COURT COSTS AND FEES

XVII.

Deferred Costs and Fees:

Father Mother should be liable for all the court costs that were deferred.

Father and Mother should each be liable for one-half the court costs that were deferred.

The State of Oregon should have judgment against Father Mother for one-half all the court costs.

Court Costs and Fees Paid by the Parties

Father Mother should be liable for one-half all the court costs and service fees that have been paid in this suit.

Father Mother should have a judgment against Father Mother for one-half all of these costs.

WHEREFORE, petitioner prays for a Judgment granting the relief petitioned for above.

STATE OF )

County of )

I, being duly sworn, say that I am the petitioner in this matter and that the foregoing Petition is true and correct to the best of my knowledge.

Petitioner, Pro Se (signature)

Print name

Address

City, State, Zip Code

Telephone

SUBSCRIBED AND SWORN to before me this day of , , by .

Notary Public for

My Commission Expires:

Certificate of Document Preparation

I certify that: (check all that apply)

I selected this document for myself.

I was provided this document by an attorney.

I completed this document without paid assistance.

I paid or will pay money to for assistance in preparing this document.

Petitioner’s Signature

I certify that this is a true copy.

Petitioner (Signature)

Enter text✕

What the Oregon Custody Petition Is and When It’s Used

An Oregon Custody Petition is the court filing used to request legal custody, physical custody, parenting time, or changes to an existing custody order for a child in Oregon family court. The petition names the petitioner and respondent, describes the child(ren), explains the custody and visitation sought, and sets out relevant facts about parentage, living arrangements, safety concerns, and proposed parenting plans. Courts use the petition to open a case, schedule hearings, and determine temporary or permanent custody based on the child’s best interests under Oregon family law. Filing procedures and required attachments vary by county.

Why Filing an Oregon Custody Petition Matters

Filing a custody petition is the formal step to secure parental rights, request protective measures, and begin a court-supervised process that can set legal custody and parenting time. A properly completed petition ensures the court has the information needed to schedule hearings and evaluate the child’s best interests.

Why Filing an Oregon Custody Petition Matters

Who Typically Prepares and Files This Petition

People who file custody petitions include parents, guardians, and attorneys representing parties in family court; agencies may also file in limited circumstances.

  • Self-represented parents who want to establish or modify custody without an attorney; they must follow court local rules and proof requirements.
  • Family law attorneys preparing pleadings, affidavits, and parenting plans to present at hearings and represent parents’ legal positions.
  • Child welfare agencies or guardians petitioning to protect or formalize custody arrangements in the child’s best interests.

Professionals such as family law attorneys and court clerks commonly assist to ensure correct venue, service, and supporting documents are provided.

Filing the Oregon Custody Petition: Step-by-step

A clear sequential process reduces delays. Complete each step before moving to the next to preserve rights and satisfy court intake requirements.

  • 01
    Prepare: Complete petition form with accurate names and child details.
  • 02
    Attach: Include parenting plan, financial declaration, and safety affidavits.
  • 03
    File: Submit to the appropriate county family court clerk.
  • 04
    Serve: Serve the respondent with petition and summons per rules.

Customizing and Completing the Petition Online

When using an online form or e-filing portal, configure fields and notifications so the document meets court formatting and service requirements.

Field Configuration
Name Fields Mark as required; auto-fill where possible
Date Fields Use MM/DD/YYYY and date pickers
Attachments Require PDF uploads for exhibits
Notifications Enable email confirmations and signing reminders

Where to File and How the Court Receives It

Filing location depends on the child’s residence; county family courts handle custody matters. Confirm local clerk procedures before filing to avoid rejection.

  • County Court: File at the family court in the county of the child’s residence.
  • E-Filing Portal: Use the court’s e-filing system if available in that county.
  • In-Person: Deliver originals to the clerk when e-filing is not accepted.
  • Mail: Mail filings only if permitted; use certified mail for proof.

Distribution Options: Serving and Sharing the Petition

The petition must be served on the respondent per court rules; service methods affect timing and proof of notice.

  • Personal Service: Sheriff or process server delivers and provides affidavit
  • Certified Mail: May be allowed with return receipt documentation
  • Electronic Service: Permitted only when court rules or parties agree

Typical Deadlines and Response Periods to Expect

Timing varies by jurisdiction, but certain response and scheduling intervals commonly apply after filing; check local court rules for precise deadlines.

Filing Effective Date:

Date court clerk stamps the petition filed

Respondent Response Time:

Often 30 days to respond after service

Temporary Orders Hearing:

Usually scheduled within weeks to months

Mandatory Mediation:

May be required before a contested hearing

Final Hearing:

Timing depends on case complexity and court calendar

Key Case Milestones from Filing to Final Order

A typical custody case follows staged events; each milestone guides what parties must complete and when to expect court action.

01

File Petition

Clerk accepts petition and assigns a case number.

02

Serve Respondent

Proof of service must be filed with the court.

03

Temporary Orders

Court may set short-term custody and safety measures.

04

Final Hearing

Judge issues final custody and parenting-time order.

Security and Privacy Considerations for Custody Documents

Encryption: TLS 1.2/1.3 in transit
Data at Rest: AES-256 encryption
Audit Trail: Timestamped signing records
HIPAA Support: BAA available if PHI included
Access Controls: Role-based permissions
Certifications: SOC 2 Type II, ISO 27001

Consequences of Mistakes or Incomplete Petitions

Case Dismissal: Missing essential information
Default Judgment: Failure to serve the respondent
Contempt: Violating temporary orders
Sanctions: Court-ordered penalties
Delay: Incorrect venue or filing errors
Increased Costs: Attorney fees and additional filings

Common Preparation Errors to Avoid

  • Incomplete child information or inconsistent dates that force the court to request amendments and delay hearings.
  • Incorrect venue or county listed; filing in the wrong court can cause dismissal or require refiling with additional fees.
  • Failing to attach required exhibits such as parenting plans, financial disclosures, or safety affidavits that the clerk expects at intake.
  • Improper service or lack of proof of service; without valid service, the court cannot proceed and timelines are not triggered.

Illustrative Scenarios Where a Custody Petition Is Used

Practical examples show how petitions are used in different situations to start legal custody proceedings or modify existing orders.

High-Volume Firm Example

A regional family law practice files multiple custody petitions weekly to seek temporary orders

  • used online templates and e-filing to standardize submissions
  • streamlined intake reduced clerical errors and ensured consistent parenting-plan exhibits for hearings.

Court-Assigned Guardian Example

A guardian ad litem files petitions to clarify custody for children in protective supervision

  • petition included factual support and medical records summaries
  • the court scheduled prompt interim hearings and ordered evaluations to inform final custody findings.

eSignature Vendor Pricing and Feature Snapshot

A concise vendor comparison for e-signature tools often used to collect signatures on legal forms; signNow is shown first per vendor ordering rules.

signNow DocuSign Adobe Sign PandaDoc HelloSign
Starting Price $8/user/mo $15/user/mo $14/user/mo $19/user/mo $15/user/mo
Free Trial 7-day free trial Vendor-dependent Vendor-dependent Vendor-dependent Vendor-dependent
Bulk Send Yes Yes Yes Yes No
Envelope Cap No cap 100 envelopes/user/year Varies by plan Varies by plan Varies by plan
HIPAA Compliant Yes Yes Yes No No

Practical Tips for Accurate and Efficient Petitions

Follow consistent procedures and verify local rules to reduce errors and accelerate docketing; small steps improve outcomes and minimize motions or refiled documents.

Confirm Venue
Verify county jurisdiction before filing; incorrect venue may require dismissal and refiling, adding delay and expense.
Complete Exhibits
Attach parenting plans, financial disclosures, and relevant affidavits at filing to avoid clerk requests for supplemental materials and calendar delays.
Proof of Service
File a timely proof of service with the court to start response windows and prevent default judgments against an unserved respondent.
Keep Copies
Retain stamped filed copies and electronic backups to support hearings, appeals, or enforcement proceedings without needing court clerk retrievals.

Frequently Asked Questions About Oregon Custody Petitions

Answers to common procedural and technical questions about preparing, filing, and serving an Oregon custody petition.


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