Oregon Revised Statutes
Or. Rev. Stat. § 109.030 (2026)
Equality in rights and responsibilities of parents
✓ current as of May 2026
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109.030 Equality in rights and responsibilities of parents. The rights and responsibilities of the parents, in the absence of misconduct, are equal, and each parent is as fully entitled to the custody and control of the children and their earnings as the other parent. In case of the death of one parent, the other parent shall come into full and complete control of the children and their estate. [Amended by 2017 c.651 §50]
Notes of Decisions
Cited in 15
cases (3 in the last 5 years), 1957–2023 · leading case: Omlie Et Ux v. Hunt, 316 P.2d 528 (Or. 1957).
Omlie Et Ux v. Hunt, 316 P.2d 528 (Or. 1957). “" It will be noted from the italicized portions of the above quotations that it was apparently Alice who decided, after conferring with the Omlies, to leave the children with them in April, 1951.”
In the Matter of Marriage of Hruby & Hruby, 748 P.2d 57 (Or. 1987). “3 Or Laws 1880, p 7, § 2 (now codified in *506 slightly reworded form as ORS 109.030); see also Jackson v. Jackson, supra; General Laws of Oregon, ch 5, § 497(1), pp 271-72 (Civ Code 1862) ( Deady 1845 -64).”
Gleason v. Michlitsch, 728 P.2d 965 (Or. Ct. App. 1986). “2 ORS 109.030 provides that “the rights and responsibilities of the parents, in the absence of misconduct, are equal and the mother is as fully entitled to the custody and control of the children and their earnings as the father.”
Shineovich & Kemp, 214 P.3d 29 (Or. Ct. App. 2009). “The possibility of the state treating the declaration as void does not mean that there is no controversy in this case. It may be that further litigation will be necessary if the state refuses to recognize petitioner as a parent, but the fact that a declaratory judgment would not…”
Doherty v. Wizner, 150 P.3d 456 (Or. Ct. App. 2006). “ORS 109.030 provides now, as it did at the time Ouellette was decided, that “[t\he rights and responsibilities of the parents, in the absence of misconduct, are equal, and the mother is as fully entitled to the custody and control of the children and their earnings as the father.”
Iremonger v. Michelson, 775 P.2d 860 (Or. Ct. App. 1989). “ORS 109.030. Without being appointed guardian, aunt had no statutory or other legal right superior to father's.”
Crump v. State, 625 P.2d 857 (Alaska 1981). “He had the power to authorize the defendant to assist him in obtaining custody.”
Fenimore v. Smith, 930 P.2d 892 (Or. Ct. App. 1996). “ORS 109.030. 7 The court’s judgment has been stayed pending appeal.”
State v. Edmiston, 602 P.2d 282 (Or. Ct. App. 1979). “ORS 109.030. It follows that the father in this case is a lawful custodian unless and until his legal relationship to the child is altered by a court order or some provision of *17 law.”
State v. Fitouri, 893 P.2d 556 (Or. Ct. App. 1995). “ORS 109.030. 4 We thus conclude that the state’s construction of ORS 163.”
Sause & Schnitzer (Or. 2023). “It then focuses on what it calls the “equal- ity principle” reflected in ORS 109.030 (2015), amended by Or Laws 2017, ch 651, § 50, which provides that the “rights and responsibilities of the parents, in the absence of misconduct are equal, and the mother is as fully entitled to…”
Sause & Schnitzer (Or. 2023). “It then focuses on what it calls the “equality principle” reflected in ORS 109.030 (2015), amended by Or Laws 2017, ch 651, § 50, which provides that the “rights and responsibilities of the parents, in the absence of misconduct, are equal, and the mother is as fully entitled to…”
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