Child-Related Decisions in Oregon Divorce Mediation

by Matthew M. House, J.D.
Divorce Mediator since 2005; Family Law Financial Analyst since 2022

Last Updated: June 21, 2026

The Oregon Revised Statutes and most family law attorneys and mediators present the child-related decisions in a divorce -- child custody, parenting time, and child support -- in a way that makes them seem like an afterthought.

I started my practice in 2005 with the belief that child-focused decisions were crucially important and should not take a back seat to the financial issues. The past 21 years as a full-time divorce mediator have validated my initial hunch.

I wrote my 78-point Parenting and Custody Toolkit (PACT) to provide my clients with a thorough framework to create not only an agreement to satisfy the court, but also a "manual" to use in the co-parenting years post-divorce, legally binding but with room to evolve as children grow and circumstances change.

At a Glance

In Oregon divorce mediation, I apply the 78 points of the PACT to the major categories of decisions that parents of minor children must make, and that parents of young adult children enrolled in postsecondary education or training should be aware of:

Legal Custody: Authority to make major decisions on behalf of minor children
Parenting Time: The parenting time schedule and the logistics of its smooth operation
Parenting Plan: All non-schedule, non-financial aspects of the co-parenting relationship, to make it as smooth as possible by anticipating ways to enrich the written agreement
Child Support for Minor Children: Calculating the cash child support according to the Oregon Child Support Guidelines, modifying it if both parents agree, and supplementing it (if desired) with other cost-sharing for the other expenses that your family considers ordinary, even those that child support is not expected to encompass on its own.
Child Support for Adult Children Attending School: Oregon is one of several states that allow an adult child attending school (subject to criteria in ORS 107.108) to receive child support.
Teenagers and Young Adults: I provide free services during and after mediation to aid the pre-teen, teenage, and young adult children of my mediation clients.

Legal Custody

Legal custody concerns how parents will make major decisions for their children after divorce.

Legal custody encompasses the authority to make major decisions concerning the children. Those decisions often include education, nonemergency health care, residence, religion, and other significant parts of a child’s upbringing.

Legal custody is not the same as parenting time, which is discussed below in its own section.

In Oregon, a judge does not have the power to award joint custody unless both parents agree. That means that if the parents do not agree to share legal custody of the children, the judge will choose one parent or the other to be awarded sole custody.

Since early 2025, my policy has not to take cases where the legal custody is in dispute. Parents who agree to share the legal decision-making authority are almost always successful in mediation. If one party is pushing for sole decision-making power and the other party does not agree, my experience is that the issue is unlikely to be resolved in mediation.

However, I do accept cases in which the parties come into mediation with a truly voluntary pre-existing agreement for one parent to have sole custody, but such cases are uncommon.

You may also peruse my main Legal Custody page and the 20 Frequently Asked Questions About Legal Custody in Oregon.

Parenting Time and Exchanges

The parenting time schedule and the logistics of parenting time exchanges are the most basic elements of a parenting plan, but the state forms don't go far enough to actually function as a useful guide.

Oregon's standard parenting plan templates invite you to stipulate:

A regular weekday and weekend schedule
A vacation and holiday schedule
How to handle exchanges
How to modify the parenting time schedule temporarily and long-term

Unfortunately, executing successful parenting time exchanges is not as simple as knowing when and where. When the parenting time schedule is applied in real life, days and times are not the only challenges.

My PACT framework supplements the state rubric with six additional points, which I will discuss with you in mediation and customize them according to your needs.

For more details, please review my full page about Parenting Time Schedules and the PACT page.

Detailed Plans for Successful Co-Parenting

"Parenting time schedule" and "parenting plan" are often conflated. A parenting plan is more than just the schedule. It includes all the non-financial aspects of post-divorce co-parenting.

Child Support and Other Financial Commitments for Minor Children

Oregon uses the income shares model (ORS 107.106) to calculate child support. Many people find the child support calculator confusing, so here is a summary of how it works:

The State of Oregon's formula is based on both parents' income, minus certain specific expenses.
Based on that formula, the Oregon Child Support Guidelines Calculator computes a guideline amount of support according to the formula. It varies based on the combined income of the parents because it is presumed that those with higher family income are accustomed to a higher standard of living and, therefore, higher expenses.
Using the number of overnights assigned to each parent, the cost of health insurance, the cost of work-related child care (if any) paid by each parent, and a few other rarely-applicable figures, the guideline child support amount is computed.
The guideline amount can be adjusted upward or downward by up to 15% without needing to state a reason, provided that both parents agree. If you wish to deviate from the guidelines more significantly, there are rebuttal worksheets that I can complete for you to make the support come out to the desired number, as long as there are reasons to support the change.

The calculated cash child support amount according to the Oregon Child Support Guidelines usually is not adequate to cover the breadth of expenses that most of my clients consider reasonable. Parents may -- and usually do -- agree on additional categories of expenses to share on behalf of their children, as I explain on the dedicated child support page.

Child Support for Adult Children Attending School

Under Oregon law (ORS 107.108), a qualifying child attending school is generally an unmarried child age 18 or older and under 21 who is making satisfactory academic progress and otherwise meets the statutory requirements. Oregon’s Department of Justice likewise explains that support for students ages 18 to 21 may continue if there is a current Oregon support order and the child qualifies.

More details about child support for adult children who are enrolled in postsecondary education or training is available on the dedicated page for Child Support for Adult Children

Pre-Teens, Teenagers and Young Adults

Teenagers and young adult children often require a different kind of planning.

I am the only divorce mediator in the Portland metro area to provide no-cost, confidential sessions for teens and pre-teens in my divorce mediation processes so that they can express their opinions, ask questions, and feel truly heard.

Learn More

This page is only an overview of the child-related components of my thorough mediation process for an Oregon divorce. The dedicated pages below go further into each area while keeping the larger family picture in view:

To understand the other components of my comprehensive mediation process, please consider these overviews, which also include links to a closer look at each one:

Schedule a Consultation

If you would like to discuss these topics as they relate to your personal circumstances, please consider scheduling a consultation with me.

Matthew House J.D. | Divorce Mediation
3800 SW Cedar Hills Blvd., Suite 271
Beaverton, OR 97005
(503) 643-5284
Request a Free Consultation

Matthew House's practice is neutral, limited to divorce mediation and financial analysis. He holds a law degree but is not a member of the Oregon State Bar. No information provided on 503.legal constitutes legal advice. The use of this website does not form a mediator-client relationship.

APPLY TO BECOME A CLIENT