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Child Custody Preference Age in Oregon

Oregon names no age and does not list the child's preference among its custody factors; the court may confer with the child, and no single factor may decide custody on its own.

Last checked . General information, not legal advice.

Oregon at a glance

Age named in statute
No age named
How the preference is weighed
Not a listed statutory factor
ORS 107.137 does not list the child's wishes; ORS 107.425(7) lets the court take testimony from or confer with the child.
Preference can be decisive
No, no single factor decides
ORS 107.137(2) bars deciding custody by relying on any one relevant factor to the exclusion of others.

Sources

Last checked

The rules in Oregon

At what age does a child's custody preference count in Oregon?

Age named in statute in Oregon: No age named.

How do courts in Oregon weigh a child's custody preference?

How the preference is weighed in Oregon: Not a listed statutory factor. ORS 107.137 does not list the child's wishes; ORS 107.425(7) lets the court take testimony from or confer with the child.

Can a child's preference decide custody in Oregon?

No, no single factor decides. Preference can be decisive in Oregon: no, no single factor decides. ORS 107.137(2) bars deciding custody by relying on any one relevant factor to the exclusion of others.

Where do the Oregon child custody preference laws come from?

The rules above come from ORS 107.137 and ORS 107.425(7). Each source is linked on this page. We last checked them in October 2026.

What this means in practice

A child's preference is rarely the only thing a court looks at. Judges also weigh each parent's ability to care for the child, the child's ties to home, school and community, and any history of abuse or conflict. A clear preference from an older, mature child can carry real weight, but it does not replace the best interests test.

Courts often hear from children privately, for example in a judge's chambers, through a guardian ad litem, or through a custody evaluator, rather than on the witness stand. The process and who may be present depend on local court rules and the judge's discretion.

Courts look closely at whether a preference is the child's own view or the result of pressure from a parent. Coaching a child or promising rewards for choosing a side can hurt a parent's case. Parents who reach their own arrangement can record it in a parenting plan or settlement agreement for the court to review.

General information, not legal advice. Laws change, and cities can add their own rules, so check the current statute before you rely on it.