Oregon Revised Statutes

Or. Rev. Stat. § 109.741 (2026)

Initial child custody jurisdiction

✓ current as of May 2026

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109.741 Initial child custody jurisdiction. (1) Except as otherwise provided in ORS 109.751, a court of this state has jurisdiction to make an initial child custody determination only if:

(a) This state is the home state of the child on the date of the commencement of the proceeding, or was the home state of the child within six months before the commencement of the proceeding and the child is absent from this state but a parent or person acting as a parent continues to live in this state;

(b) A court of another state does not have jurisdiction under subsection (1)(a) of this section, or a court of the home state of the child has declined to exercise jurisdiction on the ground that this state is the more appropriate forum under ORS 109.761 or 109.764, and:

(A) The child and the child’s parents, or the child and at least one parent or a person acting as a parent, have a significant connection with this state other than mere physical presence; and

(B) Substantial evidence is available in this state concerning the child’s care, protection, training and personal relationships;

(c) All courts having jurisdiction under subsection (1)(a) or (b) of this section have declined to exercise jurisdiction on the ground that a court of this state is the more appropriate forum to determine the custody of the child under ORS 109.761 or 109.764; or

(d) No court of any other state would have jurisdiction under the criteria specified in subsection (1)(a), (b) or (c) of this section.

(2) Subsection (1) of this section is the exclusive jurisdictional basis for making a child custody determination by a court of this state.

(3) Physical presence of, or personal jurisdiction over, a party or a child is not necessary or sufficient to make a child custody determination. [1999 c.649 §13]

Note: See note under 109.701.

Notes of Decisions

Cited in 33 cases (16 in the last 5 years), 2001–2026 · leading case: Matter of Marriage of Medill, 40 P.3d 1087 (Or. Ct. App. 2002).

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Matter of Marriage of Medill, 40 P.3d 1087 (Or. Ct. App. 2002). · cites it 95× “751, a court of this state that has made a child custody determination consistent with ORS 109.741 or ORS 109.747 has exclusive, continuing jurisdiction over the determination until: "(a) A court of this state determines that neither the child, nor the child and one parent, nor…”

In re Schwartz, 410 P.3d 319 (Or. Ct. App. 2017). · cites it 16× “The question is a significant one, because it is pivotal to the issue of whether a particular court has subject matter jurisdiction over a custody dispute under the jurisdictional provision of the UCCJEA, ORS 109.741. And although the UCCJEA, a uniform act, is meant to be…”

Dept. of Human Servs. v. J. S., 368 Or. 516 (Or. 2021). · cites it 24× “under ORS 109.741 to 109.747[, providing grounds for child custody jurisdiction], a child custody determination made under this section remains in effect until an order is obtained from a court of a state having jurisdiction under ORS 109.”

Dept. of Human Servs. v. M. P., 537 P.3d 593 (Or. Ct. App. 2023). · cites it 31× “As explained below, whether Oregon courts have home-state initial custody jurisdiction under the UCCJEA depends on whether Oregon was the child’s home state at “the date of the commencement of the proceeding,” ORS 109.741 (1)(a),1 i.e., when the “first pleading” was filed in the…”

Dept. of Human Servs. v. J. S., 303 Or. App. 324 (Or. Ct. App. 2020). · cites it 23× “See ORS 109.741; ORS 109.704(8). The same court then gen- erally has “exclusive, continuing jurisdiction” over custody issues until and unless certain events occur.”

Dept. of Human Servs. v. P. D., 368 Or. 627 (Or. 2021). · cites it 6× “However, she argues that, because the children’s home state is California and not Oregon, and because the juvenile court had not contacted a California court to request that it either assume or decline jurisdiction, ORS 109.741 operates as a bar to the juvenile court’s…”

Dep't of Human Servs. v. M. R. (In re G. I. R.), 447 P.3d 74 (Or. Ct. App. 2019). · cites it 11× “741(1)(d) provides that Oregon has subject matter jurisdiction if "[n]o court of any other state would have jurisdiction under the criteria specified" in the other subsections of ORS 109.741(1). Here, Virginia is the only other state that has been identified as potentially…”

Dep't of Human Servs. v. M. H., 300 P.3d 1262 (Or. Ct. App. 2013). · cites it 8× “ORS 109.741 sets out the jurisdictional requirements of the act.”

Campbell v. Tardio, 323 P.3d 317 (Or. Ct. App. 2014). · cites it 4× “751, a court of this state that has made a child custody determination consistent with ORS 109.741 or 109.747 has exclusive, continuing jurisdiction over the determination until: “(a) A court of this state determines that neither the child, nor the child and one parent, nor the…”

Dept. of Human Servs. v. J. A. G., 344 Or. App. 511 (Or. Ct. App. 2025). · cites it 5× “751 [temporary emergency custody], a court of this state has jurisdiction to make an initial child custody determination only if: “(a) This state is the home state of the child on the date of the commence- ment of the proceeding, or was the home state of the child within six…”

Owen v. City of Portland, 497 P.3d 1216 (Or. 2021). “825(1) (divesting circuit courts of jurisdiction to review local land use cases); ORS 109.741 (divesting cir- cuit courts of jurisdiction over certain child-custody mat- ters).”

Menten & Deatherage, 461 P.3d 1075 (Or. Ct. App. 2020). “, 292 Or App 356, 360 , 425 P3d 480 (2018) (court lacked subject matter jurisdiction because case did not meet jurisdictional bases in ORS 109.741(1), nor did court take temporary emergency jurisdiction under ORS 109.”

Show all 33 citing cases →

— Or. Rev. Stat. § 109.741(1) — 18 cases

Dept. of Human Servs. v. J. S., 368 Or. 516 (Or. 2021). “under ORS 109.741 to 109.747[, providing grounds for child custody jurisdiction], a child custody determination made under this section remains in effect until an order is obtained from a court of a state having jurisdiction under ORS 109.”

Matter of Marriage of Medill, 40 P.3d 1087 (Or. Ct. App. 2002). “751, a court of this state that has made a child custody determination consistent with ORS 109.741 or ORS 109.747 has exclusive, continuing jurisdiction over the determination until: "(a) A court of this state determines that neither the child, nor the child and one parent, nor…”

Dept. of Human Servs. v. M. P., 537 P.3d 593 (Or. Ct. App. 2023). “As explained below, whether Oregon courts have home-state initial custody jurisdiction under the UCCJEA depends on whether Oregon was the child’s home state at “the date of the commencement of the proceeding,” ORS 109.741 (1)(a),1 i.e., when the “first pleading” was filed in the…”

Dept. of Human Servs. v. P. D., 368 Or. 627 (Or. 2021). “However, she argues that, because the children’s home state is California and not Oregon, and because the juvenile court had not contacted a California court to request that it either assume or decline jurisdiction, ORS 109.741 operates as a bar to the juvenile court’s…”

— Or. Rev. Stat. § 109.741(1)(a) — 11 cases

In re Schwartz, 410 P.3d 319 (Or. Ct. App. 2017). “The question is a significant one, because it is pivotal to the issue of whether a particular court has subject matter jurisdiction over a custody dispute under the jurisdictional provision of the UCCJEA, ORS 109.741. And although the UCCJEA, a uniform act, is meant to be…”

Dep't of Human Servs. v. M. R. (In re G. I. R.), 447 P.3d 74 (Or. Ct. App. 2019). “741(1)(d) provides that Oregon has subject matter jurisdiction if "[n]o court of any other state would have jurisdiction under the criteria specified" in the other subsections of ORS 109.741(1). Here, Virginia is the only other state that has been identified as potentially…”

— Or. Rev. Stat. § 109.741(1)(b) — 10 cases

Dept. of Human Servs. v. J. S., 303 Or. App. 324 (Or. Ct. App. 2020). “See ORS 109.741; ORS 109.704(8). The same court then gen- erally has “exclusive, continuing jurisdiction” over custody issues until and unless certain events occur.”

— Or. Rev. Stat. § 109.741(1)(b)(A) — 1 case

Skaug & Skaug, 348 Or. App. 38 (Or. Ct. App. 2026).

— Or. Rev. Stat. § 109.741(1)(c) — 4 cases

Dept. of Human Servs. v. M. P., 344 Or. App. 661 (Or. Ct. App. 2025).

— Or. Rev. Stat. § 109.741(1)(d) — 3 cases

Dept. of Human Servs. v. M. P., 344 Or. App. 661 (Or. Ct. App. 2025).

— Or. Rev. Stat. § 109.741(2) — 5 cases

Dept. of Human Servs. v. J. A. G., 344 Or. App. 511 (Or. Ct. App. 2025). “751 [temporary emergency custody], a court of this state has jurisdiction to make an initial child custody determination only if: “(a) This state is the home state of the child on the date of the commence- ment of the proceeding, or was the home state of the child within six…”

Dep't of Human Servs. v. R. M. S., 383 P.3d 417 (Or. Ct. App. 2016).

Dept. of Human Servs. v. J. A. G., 344 Or. App. 511 (Or. Ct. App. 2025).

— Or. Rev. Stat. § 109.741(3) — 3 cases

Dep't of Human Servs. v. M. H., 300 P.3d 1262 (Or. Ct. App. 2013). “ORS 109.741 sets out the jurisdictional requirements of the act.”

Weaver & Weaver, 324 Or. App. 566 (Or. Ct. App. 2023).

— Or. Rev. Stat. § 109.741(b) — 1 case

— Or. Rev. Stat. § 109.741(l)(a) — 2 cases

Snow v. Snow, 74 P.3d 1137 (Or. Ct. App. 2003).

Dep't of Human Servs. v. S. C. S., 290 P.3d 903 (Or. Ct. App. 2012).

— Or. Rev. Stat. § 109.741(l)(b) — 1 case

Dep't of Human Servs. v. S. C. S., 290 P.3d 903 (Or. Ct. App. 2012).

— Or. Rev. Stat. § 109.741(l)(b)(A) — 1 case

Dep't of Human Servs. v. S. C. S., 290 P.3d 903 (Or. Ct. App. 2012).

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