Some Oregon Counties use a standard parenting plan for the non-custodial parent's parenting time when parties are not able to come to some other parenting time agreement through mediation. Below is an example of Marion County's standard parenting plan, which can be found in Marion County's Supplemental Local Rules at No. 8.075. (Oftentimes this parenting plan is simply referred to as "8.075", or "minimums") Some counties however, do not use standard parenting plans, and the Courts try to determine what is in the child's best interests in each unique situation - some of those counties include: Multnomah, Washington, and Clackamas.
Excerpt from Marion County Supplemental Local Rule (SLR) 8.075
3. Parenting Time Provisions:
3.1 Weekends: The child shall be with the non-custodial parent every other weekend, beginning
on Friday night at 7:00 p.m. and ending the following Monday morning.
3.1.1 The non-custodial parent shall feed the child breakfast on Monday morning and deliver
the child no later than 9:00 a.m. to the child’s home or day care. The non-custodial parent
shall feed a school age child breakfast and deliver the child to school in time for the
child’s first class.
3.1.2 Parents may agree to vary this weekend schedule provided the agreement is in writing.
For example, parents may agree to end weekends on Sunday night at 7 p.m. rather than
Monday morning or that the child is to be dropped off Monday morning at the custodial
parent's home rather than at the child's school.
3.1.3 The child shall be with the non-custodial parent until Tuesday morning if that parent’s
weekend falls on a weekend during the school year on which the next Monday is a state
or federally recognized holiday on which there is no school.
3.1.4 The alternate weekend parenting time schedule shall rotate each year as follows:
3.1.4.1 The non-custodial parent’s first weekend in even numbered years shall begin at
7:00 p.m. on the Friday of Labor Day Weekend and end Monday night at 7:30 p.m.
3.1.4.2 The non-custodial parent’s first weekend in odd numbered years shall begin on the
first Friday following the Labor Day Weekend.
3.2 Mid-week Time with the Child
3.2.1 The child shall be with the non-custodial parent every other Wednesday. The time shall
begin at 5:00 p.m. and end at 8:00 p.m. if the child is in school and begin at 10:00 a.m.
and end at 7:30 p.m. if the child is not in school.
3.2.2 The first alternate Wednesday shall follow the non-custodial parent’s first weekend with
the child in September each year.
3.3 Winter Vacation
3.3.1 The child shall be with the non-custodial parent in even numbered years beginning at 7:00
p.m. on the day that school adjourns until 10:00 a.m. on December 25. The child shall be
with the custodial parent for the remainder of the child’s winter vacation.
3.3.2 The child shall be with the custodial parent in odd numbered years beginning at 7:00 p.m.
on the day that school adjourns until 10:00 a.m. on December 25. The child shall be with
the non-custodial parent for the remainder of the child’s winter vacation until 7:00 p.m. on
the day before school resumes.
3.3.3 The alternate weekend and alternate Wednesday parenting time schedule shall not operate
during the winter vacation period.
3.3.4 The winter vacation schedule in the public school district in which the child lives shall be
followed if the child is not attending school.
3.4 Summer Vacation
3.4.1 The child shall spend alternating two-week blocks of time with each parent during the
school's recess for summer vacation. The summer vacation schedule in the public school
district in which the child lives shall be followed if the child is not attending school.
3.4.1.1 The child shall spend the first two-week block of time in even numbered years with
the non-custodial parent beginning at 7:00 p.m. on the first Friday following the
recess of school for the summer. The child shall spend the next two weeks with the
custodial parent, then two weeks with the non-custodial parent, and so on
throughout the remainder of the summer.
3.4.1.2 The alternating two week schedule shall begin in odd numbered years with the noncustodial
parent beginning at 7:00 p.m. on the third Friday following the recess of
school for the summer. The custodial parent will have the first two weeks.
3.4.2 The summer schedule shall end at 7 p.m. on the Friday of Labor Day Weekend even if
this cuts short a parent's two-week block of time. The provisions of paragraph 3.1.4
dictate which parent will have the child over the Labor Day weekend.
3.4.3 The alternate weekend and alternate Wednesday parenting time schedule shall not operate
during the summer vacation period. However, children 30 months or younger shall spend
four hours on Wednesday of each week with the other parent during the other parent’s two
week block of time.
4. Other Holidays, Events and Vacation Days:
The residential schedule for the child for the holidays, events and vacation days listed below is as
follows:
Thanksgiving Vacation: Custodial parent - odd years
Non-custodial parent - even years
The Thanksgiving Holiday begins on Wednesday at 7:00 p.m. and
ends on the following Sunday at 7:00 p.m.
Halloween: Custodial parent - even years
Non-custodial parent - odd years
Halloween begins on October 31st at 5:30 p.m. and ends at 9:00 p.m.
Spring Vacation: Custodial parent - even years
Non-custodial parent - odd years
Spring Vacation begins at 10:00 a.m. on the day after school adjourns
and ends on the Monday morning school resumes whether or not the
child is in school.
Mother's Day: Always with mother beginning at 10:00 a.m. on Sunday and ending at
7:00 p.m. the same day.
Father's Day: Always with father beginning at 10:00 a.m. on Sunday and ending at
7:00p.m. the same day.
Fourth of July: With the parent whose summer schedule includes July 4th.
Birthdays:
Child's Birthday: Custodial parent - even years
Non-custodial parent - odd years
Mother's Birthday: Always with mother, at mother's option
Father's Birthday: Always with father, at father's option
Birthday's which fall on a school day begin at 5:00 p.m. and end at
8:00 p.m. The Birthday will begin at 10:00 a.m. and end at 7:00 p.m. if
it falls on a non-school day.
6. Rules Relating to The Use of Parenting Time
6.1 Personal Plans. Personal plans of the custodial parent or child, (for example, school or church
activities) do not justify a parent's failure to follow the parenting time schedule.
6.2 Delivery and Pick-up. All parenting time shall take place in a prompt manner. The following
delivery and pick up rule shall apply to parents who live 75 or less miles apart (or within a
distance that allows for exercising alternating weekend parenting time).
6.2.1 The non-custodial parent shall pick up the child to begin the parenting time.
6.2.2 The non-custodial parent shall be responsible for returning the child to end the parenting
time if that return is taking place on a Monday morning as contemplated by this rule. The
custodial parent shall pick up the child to end the parenting time if that time ends in the
evening. This places an additional transportation burden on a parent who wishes to have the
child stay the additional overnight (usually Sunday).
6.2.3 Unless otherwise agreed or ordered by the court, pick up and delivery shall occur no more
than 15 minutes before or 15 minutes after the time set for parenting time to begin and end.
6.2.4 This rule's reference to a "parent" as the individual responsible for pickup and delivery
should not be taken literally. Other individuals known to the child such as grandparents,
step-parents, live in girl\boyfriends, etc. are authorized to transport the child.
6.3 No Shows and Make-Ups. Only medical reasons will be considered sufficient for postponement
of parenting time. A makeup time shall occur on the following weekend if a child is ill and
unable to visit. There will be no makeup parenting time if the non-custodial parent misses a
scheduled time with the child. The illness of one child does not mean that the other children's
time is also canceled.
6.3.1 Some non-custodial parents have a history of not using their scheduled weekends (for
example: one "no show" per month for 3 months). The custodial parent may advise the noncustodial
parent in writing that the next following regularly-scheduled parenting time will
be canceled unless the non-custodial parent gives at least three days advance notice that he
or she will use the scheduled weekend parenting time if this problem exists.
6.3.2 Canceling the next regularly-scheduled parenting time should not be done lightly and
should not be done by the custodial parent unless there is a regular history of missed
parenting time.
6.4 Non-assigned time. Unless otherwise agreed in writing, the custodial parent is responsible for
the child during all times that the child is not scheduled to be with the non-custodial parent. This
does not mean that either parent is restricted from attending public events where the child is in
attendance such as school programs and athletic events.
6.5 Meals & Clothes. The custodial parent shall have the child fed, sufficient clothing packed, and
on time for all exchanges. The non-custodial parent shall return all clothing and feed the child
before returning the child from the parenting time period.
6.6 Conflicting Dates. The holiday schedule takes precedence over the alternating weekend
schedule. The holiday schedule may create times when the child will be with the same parent for
three weekends in a row. This happens when a vacation or holiday defined in this rule replaces
the normal schedule for a given weekend or time period.
6.7 Day Care. The non-custodial parent shall be responsible for arranging day care for the child
during his or her time with the child. No child under the age of 11 shall be left unsupervised.
6.8 Support of Parenting time. The custodial parent shall not discourage the child from spending
time with the non-custodial parent. Contrary to common belief, Oregon does not allow a child to
determine where he is going to live at any age.
6.9 Flexibility. Parents are encouraged to be flexible and to consider their child’s best interests in the
use of this rule. This rule is designed to provide a schedule to parents who have not been able to
agree to a schedule on their own. It does not create an absolute maximum or minimum amount of
time the non-custodial parent can be with the child, nor does it restrict a parent from seeing a
child at school or events. Reasonable adjustments to the schedule should be considered so
important family events and the child’s activities take place with minimal disruption or hard
feelings.
6.9.1 Each parent shall act reasonably in registering the child for activities keeping in mind that
neither parent is entitled to commit the child to an activity which will take place during the
other parent’s time with the child. On the other hand, there are natural activities which occur
(such as school, athletic, music and other programs) that, by their very nature, take place
during the other parent’s scheduled time with the child.
6.9.2 Although neither parent is required to take a child to any activity, each parent is encouraged
to use his or her best effort to keep the child involved in athletic events, school functions,
lessons, birthday parties of friends, etc. even though those activities may fall during a
parenting time period. To do otherwise would deprive the child of valuable growing
opportunities.
6.9.3 Each parent is encouraged to use a child’s activity as an opportunity for that parent to
participate with the child, meet the child’s friends and other families and to have a quality
experience with the child.
6.9.4 A child is not permitted to determine whether he or she visits the noncustodial parent.
However, older teenagers are often involved in their own activities and are unable (or
unwilling) to spend time with their parents on a regular schedule as they did when they were
younger. Both parents must be considerate of older teenagers and recognize that they wish
(and need) to spend more time with their peers rather than their parents. Parents will need to
make adjustments to accommodate these life changes.
6.9.5 Parents should make plans directly with each other rather than through the child. It is unfair
for the child to serve as the message carrier for two parents who find it difficult to
communicate directly with each other. Children who find themselves in this position learn
to manipulate and play one parent off against the other.
6.10 Writing and Telephoning. Each parent shall have the right to correspond with the child
during reasonable hours without monitoring by the other parent or anyone else. This correspondence
may take the form of letters, fax transmissions, E-mail or telephone calls. Unless otherwise agreed,
there shall be no more than three telephone calls per week. Long distance telephone calls made by
the child shall be paid for by the parent receiving the call.
6.11 Changes to the Parenting time Schedule. Enforceable changes in the parenting time schedule
can only be made by court order. Any agreed upon temporary change shall be in a writing which is
signed and dated by both parents to assure that there is no misunderstanding at a later date on the terms
of the change.
7. Rules Relating To The Custodial Relationship And Each Parent's Responsibilities
To The Child:
7.1 Addresses and telephone numbers. Each parent shall provide their home (not just mailing)
address and home telephone numbers to the other parent unless otherwise ordered by the court.
The parent with the child shall notify the other parent of the location and telephone number of
where the child will be sleeping if the parent is taking the child out of the town where that
parent resides for more than three consecutive overnights. Each parent shall be reasonable with
this rule. For example, it is possible to give a general location but no telephone number if a
camping trip is contemplated.
7.2 Mutual Respect Towards the Other Parent. Neither parent shall make bad or unflattering
comments about the other parent or in any way try to diminish the love, respect and affection
that the child has for the other parent.
7.3 Access to Records and Events. The non-custodial parent has the right to visit with the child at
school, attend the child’s school activities (such as an open house or sports activities), and have
full access to school teachers and administrators for complete information about the child in
school. This includes parent-teacher conferences. Parents shall be primarily responsible for
keeping themselves advised of the child’s activities and events.
7.4 Daily Care. The parent with whom the child is staying shall be responsible for daily care and
shall make necessary decisions regarding emergency medical or dental care. The non-custodial
parent’s rights to make daily care decisions does not include leaving a child unattended in
violation of Oregon law, haircuts, permanents, or making any substantial change in the child’s
appearance (i.e., tattoos, ear piercing, etc.) unless authorized to do so by the custodial parent.
7.5 Emergencies. The parent with the child shall immediately tell the other parent of any
emergency circumstances or substantial changes in the health or safety of the child.
7.6 Decision Making. The custodial parent is encouraged to consult with noncustodial parent about
major decisions which will affect the child even though the custodial parent has the ultimate
decision-making authority. It is important for parents to communicate with each other prior to
making plans for lessons, athletic activities, camp, extended medical and dental treatment, outof-
town visits to relatives, etc. Each parent is encouraged to work cooperatively with the other
to create the most positive and productive atmosphere possible for the child.
7.7 Smoking or Drinking Alcohol in the Presence of the Child. An issue frequently occurs when
one parent smokes or drinks alcohol in front of the child and the other parent objects. Neither
parent should smoke in the presence of the child (nor smoke in any manner so the child if
breathing the smoke) if the parents cannot agree on this issue. Neither parent should drink
alcohol to the point where they are affected by the alcohol.
7.8 Moving. Neither parent shall move to a residence which is more than 60 miles further distant
from the other parent without giving the other parent reasonable notice of the change of
residence and providing a copy of such notice to the court. ORS 107.159.
7.9 Parenting time is Independent From Support. A parent's right to spend time with a child is
not dependent on that parent's payment of child support. One parent's failure to comply with the
terms of the judgment does not mean that the other parent can now ignore its terms. It is not
permissible to withhold the child from the other parent as a way to encourage the payment of
support.
7.10 Joint Custody. True joint custody means that each parent has equal authority to make major
decisions which effect the child. Joint custody has nothing to do with the amount of time that a
child spends with either parent nor does it affect the level of child support. Under present state
law, the court cannot order joint custody unless both parents agree to it. Questions about joint
custody should be directed to an attorney.
8. Age Suggestions:
This rule recognizes that parenting time guidelines should be based upon the needs of a growing child.
Parents may wish to ask the court to consider these age-related suggestions if they seem appropriate.
These suggestions are not automatically binding unless the court order specifically states they are to
apply rather than the other provisions of this rule.
8.1 The infant, age 0-1. Frequent two to four hour visits, two or three days per week from custodial
parent's home; also one additional afternoon or evening per week.
Single overnight per week parenting time, provided the non-custodial parent has been
actively involved in the caretaking role.
8.2 The toddler, age 1 to 3 ½. Four weekend days per month, plus one-half (½) day per week (4
to 6 hours). Overnight parenting time, provided the non-custodial parent has been actively
involved in the caretaking role and/or is accompanied by an older child. During any parenting
time of 7 days or more, the other parent should have a four hour mid-week visit.
8.3 The pre-schooler, age 3 ½ to 5. Alternate weekends from 7:00 p.m. Friday to 7:00 p.m.
Sunday, plus either one non-overnight weekday per week during the afternoon or evening.
Summer visits should be as set out in the Rule. The other parent should have a four hour midweek
visit during any visits of 7 days or more.
8.4 The early elementary, age 6 to 9. Summer time-shares should be as set out in the Rule. The
parenting time schedule should be flexible enough to insure the children’s participation in
ongoing or special activities.
8.5 The later elementary, age 10 to 12. The minimum is the same as the early elementary.
Flexible parenting time is the best principle, with the children having some input to avoid
scheduling conflicts. At this age, it seems the quality of time is more important than the
quantity but consideration should be given to the child’s organized athletics and outside
activities.
8.6 The adolescent, age 13 or over. The minimum is the same as later elementary. The child
and parent may want to change the schedule if it interferes with the child’s other activities.