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EspañolWhat is custody? How can it be divided?
In Oregon, custody means having the right to make major decisions about your children’s welfare.1 Some people also call this “legal custody.” Major decisions include:
- where your children live;
- what school they go to;
- what kind of medical care they get;
- what religion they follow, if any.2
Custody can be divided in different ways:
- Joint custody means that both parents share the rights and responsibilities to make these major decisions. Even if parents have joint custody, one parent may have the sole power to make certain major decisions, while the parents make other decisions together. Also, even if the parents have joint decision-making, the children may mostly live at one parent’s home, called a “primary residence.”2
- Sole custody means only one parent makes these major decisions.2 If one parent has sole custody, they may be called the “custodial parent.”3 The other parent may be called the “non-custodial parent.”4
1 See the Oregon Courts’ “Words I Need to Know” Parenting Plan Guide glossary, which defines custody and other words you may hear in a custody case
2 Or. Rev. Stat. § 107.169(1)
3 See Or. Rev. Stat. § 107.154
4 See the Oregon Courts’ Family Law Legal Terms and Definitions page
What is parenting time?
Parenting time means the time when each parent has the children and is responsible for taking care of them. Some people call a non-custodial parent’s time with the children “visitation,” but Oregon courts do not use that word for parents.1
Even if you have sole custody in terms of decision-making, the other parent will usually still get parenting time. However, a judge can deny it if it would endanger your children’s health or safety.1 For more information on whether an abuser can have parenting time, see Who can get custody or parenting time (visitation).
The parenting time schedule is written down in a parenting plan.2
1 Or. Rev. Stat. § 107.105(1)(b)
2 See Or. Rev. Stat. § 107.102
What is a parenting plan? Do I need one?
A parenting plan is a document that describes when each parent will have parenting time with the children. It may include how decisions will be made and how the parents will communicate with each other about the children. Your parenting plan can be general or detailed, but it must say the minimum time the children will spend with each parent.1
In custody cases and divorce cases involving children, you need to create and file a parenting plan. After the judge orders or approves your parenting plan, it becomes part of your custody order or divorce judgment.2
You can see guides for making a parenting plan on the Oregon Courts website. If you have safety concerns, you can use the Safety Focused Parenting Plan Guide.
1 Or. Rev. Stat. § 107.102(1)-(2)
2 Or. Rev. Stat. § 107.102(1)
