Relocation and Child Custody in Oregon: The 60-Mile Rule Explained

A job offer in Seattle. A partner in California. A chance to be closer to family in another state. Relocation is one of the most contested issues in Oregon custody cases because it forces a fundamental restructuring of the parenting schedule — and the other parent usually doesn't want that to happen.

The 60-Mile Rule

Under ORS 107.159, any custodial parent who plans to move more than 60 miles further away from the other parent must provide written notice to both the other parent and the court. The notice must include the intended new address, the date of the planned move, and the proposed revised parenting time schedule.

Key points about the 60-mile rule:

• The measurement is the additional distance from the other parent, not total distance between households
• It applies to moves within Oregon as well as out-of-state relocations
• Failure to provide proper notice can result in court sanctions and may negatively affect your custody position
• The rule applies to the parent with primary residential custody — not the non-custodial parent (though non-custodial relocations may trigger a modification petition from the other side)

You Can't Just Move

Providing notice is not the same as getting permission. After receiving notice, the other parent can file an objection and request a hearing. The court then evaluates the proposed relocation using the best-interests factors under ORS 107.137.

Courts consider:

The reason for the move — A legitimate reason (new employment, closer to family support, educational opportunity) carries weight. Moving purely to create distance from the other parent does not.

The impact on parenting time — Can a workable schedule be maintained with the new distance? A move from Portland to Bend (165 miles) is different from Portland to Miami (3,000 miles).

The child's ties to the current community — School, friends, extracurricular activities, extended family, and healthcare providers. The deeper these roots, the stronger the argument against disruption.

The child's age and developmental needs — Younger children may adapt more easily to a new community but struggle more with long-distance transitions. Older children may have stronger community ties but greater capacity to maintain long-distance relationships.

Each parent's willingness to facilitate the relationship — A relocating parent who proposes a generous long-distance schedule (majority of summer, alternating school breaks, virtual contact provisions) demonstrates good faith. One who proposes minimal contact does not.

Long-Distance Parenting Plans

If the relocation is approved, the existing parenting plan needs a complete overhaul. Oregon courts typically restructure long-distance schedules as follows:

School year — The child resides primarily with the relocating parent during school weeks. The non-relocating parent may have reduced weekend contact depending on distance.

Summer vacation — The non-relocating parent usually receives a significant block of summer (6-8 weeks), compensating for reduced contact during the academic year.

School breaks — Alternating Thanksgiving, spring break, and splitting winter break between households.

Transportation costs — Courts may allocate travel costs between parents, often proportionally based on income. The relocating parent may bear a larger share since their choice created the distance.

Virtual contact — Regular video calls, phone calls, and messaging provisions become essential rather than optional.

Relocation Without Court Approval

Moving more than 60 miles without providing proper notice or in defiance of a court order can result in:

• The court ordering the child returned to the original location
• A finding of contempt of court
• A shift in the custody determination — the court may view the unauthorized move as evidence that the relocating parent is unwilling to facilitate the other parent's relationship
• Modification of custody in favor of the non-moving parent

If the Other Parent Wants to Move

If your co-parent notifies you of a planned relocation and you object, file your objection and request a hearing promptly. Courts are more sympathetic to timely objections than to parents who wait months after a move has already occurred.

The Oregon Child Custody & Parenting Plan Guide includes long-distance parenting plan templates and a relocation notification checklist for both moving and non-moving parents.

See more Oregon guides →