Summary
- Oregon courts require a parenting plan in every custody case — and the details you include can make a huge difference in your child’s daily life.
- A strong parenting plan covers schedules, holidays, decision-making, communication, and how to handle future disagreements.
- Stacy Regele at Regele Law, LLC helps Salem-area families build parenting plans focused on long-term stability and the best interests of their children.
Table of Contents
- What Is a Parenting Plan and Do You Have to Have One in Oregon?
- What Should Be Included in a Good Parenting Plan?
- How Does Oregon Decide What Goes in a Parenting Plan?
- How Do You Handle Holidays and Special Occasions in Your Plan?
- What Should Your Parenting Plan Say About Communication Between Parents?
- What Happens If Parents Can’t Agree on a Parenting Plan?
- Can You Change a Parenting Plan After the Court Approves It?
- What Are the Biggest Mistakes Parents Make When Writing a Parenting Plan?
- How Can an Oregon Family Law Attorney Help You Build a Better Plan?
- Frequently Asked Questions
Going through a separation or divorce is hard enough on its own. When children are involved, the stakes feel even higher. One of the most important things you will do during this process is create a parenting plan — a written agreement that spells out how you and your co-parent will raise your kids going forward.
Done well, a parenting plan becomes a reliable roadmap that reduces conflict and keeps your children’s lives as stable as possible. Done poorly, it can leave everyone confused and heading back to court. This guide walks you through what Oregon requires, what to include, and how to avoid common pitfalls.
What Is a Parenting Plan and Do You Have to Have One in Oregon?
Yes — Oregon law requires a parenting plan in every case involving custody or parenting time. Under Oregon Revised Statutes Chapter 107, whenever a court makes a custody or parenting time order, it must include a parenting plan.
A parenting plan is a written document that outlines when each parent spends time with the children, how major decisions get made, and how parents will communicate. It can be agreed upon by both parents, or ordered by a judge if parents cannot reach an agreement.
Think of it as your family’s instruction manual for life after separation. The more specific and realistic it is, the better it tends to work in real life.
What Should Be Included in a Good Parenting Plan?
A thorough parenting plan covers far more than just which parent has the kids on which nights. Oregon courts expect plans to address the day-to-day realities of raising children in two households.
Here are the key sections every solid parenting plan should include:
- Regular parenting time schedule — Which days and nights do the children spend with each parent? Be specific about times, not just days.
- Holiday and vacation schedule — Who has the kids on Thanksgiving, spring break, birthdays, and other important dates?
- School and extracurricular activities — How will both parents handle school events, transportation, and after-school activities?
- Decision-making authority — Who makes decisions about education, healthcare, and religion? This connects directly to whether you have sole or joint legal custody.
- Communication guidelines — How will parents communicate with each other, and how will children communicate with the other parent?
- Transportation and exchanges — Where and when will drop-offs and pickups happen?
- Dispute resolution — What happens when parents disagree? Will you try mediation first?
- Travel and relocation — What notice must a parent give before taking the children out of state or moving?
If you want a deeper look at how custody types affect your plan, our guide on child custody basics every parent should know is a great place to start.
How Does Oregon Decide What Goes in a Parenting Plan?
Oregon courts use the “best interests of the child” standard when reviewing or ordering a parenting plan. This means every decision a judge makes is filtered through what will best support your child’s health, safety, and emotional well-being.
According to the Oregon Judicial Department’s family law self-help resources, courts consider factors like:
- The emotional ties between the child and each parent
- Each parent’s interest in and attitude toward the child
- Each parent’s willingness to foster a relationship between the child and the other parent
- The desirability of continuing an existing relationship
- Any history of abuse or domestic violence
- The child’s preference, depending on their age and maturity
Oregon does not automatically favor mothers over fathers. Courts look at the actual circumstances of each family. If you are a father concerned about your rights, our article on fathers’ rights in Oregon explains what you need to know.
How Do You Handle Holidays and Special Occasions in Your Plan?
Holiday scheduling is one of the most common sources of conflict between co-parents, so getting it right in writing matters a lot. The best approach is to be specific — name the holiday, the times, and any special rules that apply.
Here are some practical ways families in Salem handle holiday schedules:
- Alternating holidays — Parent A gets Thanksgiving in odd years, Parent B gets it in even years, and you swap the following year.
- Splitting the day — Each parent gets part of a holiday, such as Christmas morning with one parent and Christmas evening with the other.
- Fixed assignments — Some holidays always go to the same parent, like Mother’s Day to Mom and Father’s Day to Dad.
Don’t forget to include birthdays — both the child’s birthday and each parent’s birthday. These details feel small now but become significant over time.
Also address school breaks clearly. Winter break, spring break, and summer vacation each deserve their own section. Many plans split summer into blocks so each parent gets extended time without disrupting the school-year schedule too much.
What Should Your Parenting Plan Say About Communication Between Parents?
Clear communication guidelines can prevent a lot of unnecessary conflict. Your plan should spell out how and when parents will talk to each other about the children — not just how the children will contact the other parent.
For parents who struggle to communicate directly, co-parenting apps like TalkingParents or OurFamilyWizard are widely used in Oregon. These tools create a written record of all communication, which can be helpful if disputes arise later.
Your plan should also include:
- How quickly each parent must respond to messages about the children (many plans say within 24 hours)
- How children can reach the other parent during parenting time
- Rules about not discussing adult matters with or in front of the children
- How urgent medical or school issues will be communicated
If communication has been a serious problem, you may want to explore a parallel parenting approach. Our post on parallel parenting versus co-parenting in Oregon breaks down when this makes more sense for high-conflict situations.
What Happens If Parents Can’t Agree on a Parenting Plan?
If you and the other parent cannot agree, a judge will decide for you — and that outcome may not match what either of you wanted. That’s why most family law attorneys, including Stacy Regele at Regele Law, LLC, encourage parents to try reaching an agreement before going to court.
Oregon offers several options for resolving parenting plan disputes outside of a courtroom:
- Mediation — A neutral third party helps both parents talk through disagreements and find common ground. The Oregon Department of Justice and local family courts often have resources to connect families with mediators.
- Cooperative divorce or collaborative process — Both parents work with attorneys and sometimes other professionals to reach a full agreement without litigation. This can lead to more lasting outcomes.
- Parenting coordinator — In high-conflict cases, a court may appoint a parenting coordinator to help resolve ongoing disputes.
If an agreement truly isn’t possible, the case goes before a Marion County judge, who will review evidence and testimony before issuing a parenting plan order.
Can You Change a Parenting Plan After the Court Approves It?
Yes, parenting plans can be modified — but Oregon law sets a bar for when that’s allowed. You generally need to show that there has been a substantial change in circumstances since the last order was made.
Examples of substantial changes might include:
- A parent’s work schedule changes significantly
- One parent plans to relocate
- A child’s needs change as they get older
- Evidence of abuse or neglect arises
- A parent consistently violates the existing plan
The court will again use the best interests of the child standard when evaluating any requested modification. Simply being unhappy with the current arrangement is not enough on its own.
Building flexibility into your original plan — like a built-in review process every few years — can help you avoid formal court proceedings down the road. An attorney can help you draft language that allows for reasonable adjustments without requiring a judge every time life changes.
What Are the Biggest Mistakes Parents Make When Writing a Parenting Plan?
Even well-meaning parents can create plans that cause problems later. Here are the most common mistakes to avoid.
Being too vague. Plans that say things like “reasonable parenting time” without specifics are recipes for conflict. If a schedule isn’t clearly written out, each parent may interpret it differently.
Ignoring the child’s age and stage. A parenting plan for a toddler looks very different from one for a teenager. Children’s needs change over time, and a plan that doesn’t account for that can become outdated quickly.
Letting emotions drive the decisions. It’s natural to feel angry or hurt during a separation. But a parenting plan shaped by those feelings — rather than your child’s genuine needs — often fails to serve the family well long term.
Forgetting the logistics. Things like who pays for transportation, what happens if a parent is late, and how makeup time works if a visit is missed are easy to overlook but frequently cause arguments.
Not planning for the unexpected. Illness, job loss, school closures, and family emergencies happen. A good parenting plan includes a protocol for when the regular schedule simply can’t work.
Skipping legal review. Using a template you found online might seem like a simple solution, but parenting plans need to comply with Oregon law and reflect your family’s actual situation. Having an attorney review your plan before it’s filed can prevent costly problems later.
How Can an Oregon Family Law Attorney Help You Build a Better Plan?
Working with an experienced family law attorney makes a real difference — not just in the courtroom, but in the quality of the plan you end up with. Stacy Regele, founding attorney of Regele Law, LLC, has dedicated her entire practice to family law matters in Salem and the Marion County area.
Stacy is a graduate of Willamette University College of Law and has been a member of both the American Bar Association and the Marion County Bar Association since 2016. She has been recognized on the Oregon Super Lawyers Rising Stars list and focuses exclusively on the kinds of family law issues families in Salem face every day.
At Regele Law, LLC, the goal isn’t just to get through the legal process — it’s to help your family land in a stable, workable situation on the other side. Stacy prioritizes out-of-court solutions whenever possible, but she is fully prepared to advocate for you in court when that’s what it takes.
Whether you are creating a parenting plan for the first time, trying to modify an existing one, or dealing with a co-parent who won’t cooperate, Regele Law, LLC is here to help. The firm welcomes all families — including LGBTQ families, fathers seeking fair parenting time, and grandparents or other third parties navigating custody questions.
The Child Welfare Information Gateway, a resource of the U.S. Department of Health and Human Services, emphasizes that stable, consistent parenting arrangements after separation significantly benefit children’s emotional health. That’s exactly what a well-crafted parenting plan — built with legal guidance — can provide.
Frequently Asked Questions
Does Oregon require both parents to agree on a parenting plan?
No. If parents cannot agree, a judge will create a parenting plan based on the best interests of the child. However, parents who reach their own agreement tend to have more control over the outcome and often experience less conflict afterward.
What is the difference between legal custody and parenting time?
Legal custody refers to who makes major decisions about the child’s education, healthcare, and religious upbringing. Parenting time refers to the physical schedule — when each parent spends time with the child. A parenting plan addresses both.
Can a child decide which parent they live with in Oregon?
Oregon courts can consider a child’s preference, but it is just one factor. The weight given to that preference depends on the child’s age and maturity. A judge is not required to follow the child’s wishes.
How long does it take to finalize a parenting plan in Oregon?
If both parents agree, a parenting plan can be finalized as part of the divorce or custody process relatively quickly. If the case goes to trial, it can take much longer — sometimes a year or more, depending on the complexity of the case and court scheduling in Marion County.
What happens if one parent doesn’t follow the parenting plan?
If a parent consistently violates a court-ordered parenting plan, the other parent can file a motion for contempt with the court. The violating parent may face consequences, including make-up parenting time, fines, or in serious cases, a modification of the custody arrangement.
Can grandparents or other relatives be included in a parenting plan?
Yes, in some situations. Oregon law allows grandparents and certain third parties to seek visitation or custody rights. These situations have specific legal requirements, and the outcome depends heavily on the child’s existing relationship with that person.
Disclaimer: This blog post is intended for general informational purposes only and does not constitute legal advice. Reading this article does not create an attorney-client relationship. Family law matters are highly fact-specific, and outcomes vary based on individual circumstances. Stacy Regele and Regele Law, LLC are licensed to practice law in Oregon only. If you have questions about your specific situation, please consult a qualified Oregon family law attorney. For personalized guidance, contact Regele Law, LLC to schedule a consultation.