Portland, OR family law attorney Tate Justesen talks about the difference between physical and legal custody. He points out that physical custody and legal custody are two distinct concepts under Oregon law, though the distinction exists in most states. In Oregon, physical custody is more commonly referred to today as “parenting time,” with “physical custody” being the older term. Parenting time refers to the actual time a child spends with each parent under a parenting plan, which specifies the days and times the child is with one parent versus the other.

Legal custody, on the other hand, concerns decision-making authority over major aspects of a child’s life. While each parent may make day-to-day or emergency decisions during their parenting time, legal custody governs long-term and significant issues such as education, healthcare, and general welfare.

In Oregon, unless both parents agree to joint legal custody, the court must assign legal custody to one parent. Unlike some other states, Oregon does not allow the court to impose joint legal custody without parental agreement. If the parents reach such an agreement, the court will approve it. Otherwise, the court will determine which parent serves as the primary decision-maker, focusing heavily on who has been the child’s primary caregiver.