Explaining the Different Types of Child Custody

September 19th, 2024
Posted By
Sarah M. Litowich
Close up of little girl holding mothers hand while standing on the beach. types of custody concept
Child custody is often an emotional issue for parents who are divorcing or parting ways. However, it’s important to understand that custody matters aren’t one-size-fits-all. There are several different types of child custody arrangements in Oregon, depending on the needs of your family and the best interests of your child.

What are the Different Types of Child Custody?

Under Oregon law, “custody” generally means the right to make major decisions regarding the welfare of a child. Custody applies to minor children up until they have reached the age of 18. There are certain terms that are often used to describe different custody arrangements — and it’s crucial to understand what they mean. The terms that describe the different types of child custody arrangements are as follows:
  • Physical custody — Physical custody refers to which parent the child lives with all or most of the time.
  • Legal custody — Legal custody refers to which parent has the right to make decisions about the child’s welfare.
  • Sole custody — Sole custody gives one parent the authority to make decisions about important matters concerning the child’s upbringing, including education, religion, and health care. The parent with sole custody typically has physical custody, but the non-custodial parent will usually be permitted to have reasonable visitation under a parenting plan.
  • Joint custody — Also referred to as “shared custody,” joint custody gives both parents the right to share decision-making authority. However, joint custody doesn’t necessarily mean equal parenting time. A joint custody order may specify that one home is the primary residence of the child and designate one parent to have sole decision-making authority over specific issues, while granting both parents equal rights and responsibilities to make other decisions.
When parents have joint custody, they must communicate with each other to make major decisions about the child’s life. In order for a judge in Oregon to award joint custody, both parents must agree on the terms and conditions of the order. If either parent objects to joint custody, the court must award sole custody to one parent.

What is Parenting Time?

It’s essential not to confuse the term “custody” with “parenting time.” Specifically, parenting time refers to the amount of time each parent spends with the child. It is legally established by order of the court. The objective of parenting time is to help ensure a child develops a healthy relationship with each parent and benefits from having meaningful and regular contact with them. A parenting plan is the document that sets the schedule for parenting time with the child. It covers the daily responsibilities of each parent and outlines a custody schedule. Parents can customize a schedule that works for their family. For instance, parents might agree to a schedule of every other week, every other weekend, or every three days, depending on how far they live from one another and what works best for the child.

How is Child Custody Determined in Oregon?

Since parents know their children best, it’s always better if they consider the different types of custody and can reach an agreement between themselves regarding which will work for their family’s situation. If they are unable to do so, a judge will decide the matter. The best interests of the child are always first and foremost when a court determines child custody in Oregon. However, there are a number of other factors a judge would take into consideration, including the following:
  • The emotional ties the child has with other family members
  • The interest and attitude of each parent toward the child
  • The desirability of continuing an existing relationship
  • Whether a parent abused the other
  • The preference for the child’s primary caregiver, if the caregiver is deemed to be fit
  • Each parent’s willingness and ability to facilitate and encourage a close and continuing relationship between the other parent and the child
By statute, the court will not consider a parent’s willingness to encourage a continuing relationship if a parent shows that the other has sexually assaulted or engaged in a pattern of abuse against the other parent or the child. In addition, the court would also not consider this factor if continuing a relationship with the other parent would put either the parent or child in harm’s way.

Learn More About the Different Types of Child Custody

If you are going through a divorce and share minor children with your spouse, it’s important to be aware of the different types of child custody arrangements in Oregon. A knowledgeable and compassionate family law attorney can best advise you and guide you through the custody process. Litowich Law provides trusted representation for a wide variety of family law matters, including those involving child custody matters.

Contact an Experienced Oregon Child Custody Attorney

Child custody matters can be emotionally overwhelming and legally complex. We encourage you to contact us for a consultation to learn how we can help. Based in Salem, we assist clients throughout the State of Oregon.
Categories: Child Custody