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Parenting Time Plans

Every court order that provides for child custody must also provide for a parenting plan. The plan may either be general or specific. Many, but not all, counties have a local rule that provides that a certain plan will be ordered unless the court rules differently. The court's power to order a parenting plan is very broad and very discretionary. This means that a court can basically order whatever it thinks is fair. Each judge and each parenting time evaluator usually has his or her personal traditions and preferences. Most courts will automatically approve any parenting plan agreed to by the parents.

To determine if your county has such a rule, click here. If a county has a Supplemental Local Rule on parenting time, it will be numbered Local Rule 8.075

For a guide to developing your own parenting time plan, please click here (See "Parenting Plans and Workbooks").

Following is the text of the Multnomah County Local Rule 8.075:

8.075 MULTNOMAH COUNTY STANDARD PARENTING TIME GUIDELINES

  1. The purpose of the parenting time guidelines is as follows:
    1. It is the policy of this court to encourage the parties to work out their own parenting time schedule, either between themselves or through mediation. The court will generally approve any schedule agreed upon by the parties;
    2. However, if the parties are unable to agree on a schedule which best suits their family circumstances, the following parenting time guidelines, when appropriate, will be used by the court as a basis for establishing parenting time. Because the circumstances of each family differ, the parenting time schedule established by the court may provide for more or less parenting time than desired by the parties.
    3. Additionally, the following parenting time guidelines are inapplicable to families experiencing domestic violence, mental health or substance abuse issues. For cases not involving such problems, and in which the parents are managing separation of the family unit with civility, the guidelines set forth reasonable parenting time for a non custodial parent;
    4. The following parenting time guidelines do not establish a minimum standard for parenting time and are not intended as mandatory provisions, under any circumstances.
  2. The non custodial parent will have parenting time with a minor child on alternating weekends from 6:00 p.m. Friday to 6:00 p.m. Sunday.
  3. In the absence of a showing that such would not permit the maintenance of a significant pre existing parent child attachment, parenting time with children less than three years of age shall be:
    1. Birth to 18 months twice per week for two hours per visit;
    2. 18 to 30 months once per week for six hours;
    3. 30 to 36 months Friday at 6:00 p.m. until Saturday at 6:00 p.m. on alternate weekends.
  4. The non custodial parent shall also have parenting time for 14 uninterrupted days during the summer with children six and over. The non custodial parent shall notify the custodial parent in writing prior to April 15th of each year which days the non custodial parent has selected for parenting time. The custodial parent shall likewise have the right to a two week vacation each summer during which the non custodial parent's parenting time need not be honored, if the vacation is out of town. The custodial parent shall advise the non custodial parent of such vacation plans no later than May 1st of each year. Once designated, changes in the summer parenting time schedule shall not be allowed except by agreement of both parties. Failure of either party to make a timely designation of summer parenting time will not result in forfeiture of parenting time rights but will result in the custodial parent having the right to designate the summer parenting time, or in the case of the custodial parent failing to give notice, the parenting time lost by the non custodial parent shall be subject to make up parenting time.
  5. The child shall be ready for visitation, and be picked up from the front steps of the custodial parent's residence, no more than 15 minutes early nor 15 minutes late. Return of the child to the front steps of the custodial parent's residence is also subject to the 15 minute rule. The non custodial parent shall feed the children the evening meal prior to returning the child.
  6. Except as to children under 3 years, whenever the weekend or other visitation provided herein falls adjacent to a school holiday or legal holiday, including Labor Day, such weekend or other visitation shall include the adjacent holiday, either Friday or Monday.
  7. If a non custodial parent fails to exercise the scheduled parenting time for any reason other than a substantial medical problem, there will be no postponement of scheduling of a make up period or parenting time. If there is a substantial medical problem, the non custodial parent will be allowed a make up visit on the succeeding available weekend.
  8. Both parties will provide addresses and contact telephone numbers to the other party and will immediately notify the other party of any emergency circumstances or substantial changes in the health of a child. However, both parties shall refrain from release of the other party's phone number to third parties.
  9. The non custodial parent shall also have the unlimited right to correspond with the child and may telephone the child no more than once per week for 15 minutes or less during reasonable hours without interference or monitoring by the custodial parent or anyone else in any way. Each parent shall allow the child to telephone the other parent at reasonable hours and with reasonable frequency, if the child wishes.
  10. Both parties are restrained and enjoined from making derogatory comments about the other party or in any other way diminishing the love, respect, and affection that the child has for either party.
  11. In addition to the visitation specified in the preceding paragraphs, the non custodial parent shall have parenting time as follows:
    1. Christmas (or significant holidays in other religions)
      1. (i) For children 30 months to six years of age: In even numbered years, on Christmas Eve from noon until 10:00 a.m. on Christmas Day; in odd numbered years, from 10:00 a.m. until 8:00 p.m. on Christmas Day;
      2. (ii) For children six and over: in even numbered years the time from the commencement of the school holiday through 10:00 a.m. Christmas Day; in odd numbered years, from 10:00 a.m. Christmas Day until January 1st at noon.
    2. Thanksgiving Day in odd numbered years from 10:00 a.m. until 7:00 p.m.
    3. Father's/Mother's Day each year from 10:00 a.m. until 7:00 p.m.
  12. A child is not permitted to determine whether the child wishes to visit with the non custodial parent. Personal plans of the custodial parents or child, school activities, church activities, and other considerations are not reasons for failing to adhere to the parenting time schedule set forth in this rule.
  13. Parenting time, however, between a teenager and a party shall take into consideration the child's employment and age appropriate activities.

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