Child Custody & Parenting Time

Child custody is divided into two kinds: physical custody (now known as “parenting time”) and legal custody. They are independent of one another, meaning that parents can have joint legal custody but follow a parenting time schedule where one parent only has the child 30% of the time. By contrast, one parent can have sole legal custody of the child but the parties can share parenting time equally.

Physical custody refers to which parent actually has the child at any one time. This is called “parenting time” which refers to the amount of time the children spends with both parents - also commonly referred to as “visitation rights.” The parenting time schedule for both parents is based on what is in the “best interest of the child.” The schedule can be determined by several factors including; the child’s needs and schedule, the location and distance between the parents’ residences, the parents’ work schedule. The parenting time schedule is set on a case-by-case basis, and can be shared equally or customized, depending on the circumstances of the family and best interests of the child.
 
Legal custody grants the custodial parent the right to make decisions regarding the upbringing of the child. As the child is a minor, the parent with legal custody may make decisions regarding their education, religious upbringing, and medical care.  Legal custody may be “sole” or “joint.”
 

Sole custody or “full custody” is just as it sounds—a case where only one parent is granted the authority to make the major decisions of the child. With sole legal custody, the right to make major decisions for a child rests with just one parent. The reason one parent may be granted sole custody can vary, though often it may be that there is a clear “primary parent” who has traditionally been primarily responsible for the child-rearing responsibilities and decisions regarding the child. But sole custody is sometimes also awarded when the non-custodial parent is declared unfit or presents a danger to the child, sometimes because of substance abuse, domestic violence, or neglect. If the parties do not agree to joint custody, the court will award sole legal custody to one parent based on the “best interest of the child” standard.

Joint physical custody allows both parents to make decisions regarding the education, healthcare, and religious training of their child. With the designation of custody, there may also be “split custody.” Split custody occurs when some children are in the legal custody of each parent. If there is joint legal custody, the parents agree to discuss with each other what is best for their child and to make a joint decision. In Oregon, joint legal custody can only be awarded if both parents agree. A court cannot order joint legal custody if either parent objects.