Child Custody and Visitation Attorney in Portland, Oregon

What is the difference between physical and legal custody?

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yeah physical and legal custody are two

very distinct Concepts in Oregon law I

believe probably in every state but in

Oregon specifically is what I know um

physical custody is also most commonly

referred to in Oregon as parenting time

these days physical custodies is kind of

the old term the older term for

discussing parenting time and that’s

parenting time and physical custody are

the time that the parents actually have

with their children or child so when you

have a parenting plan that says you know

the child will be with parent X on this

day parent y on this day um then that’s

that’s physical custody and parenting

time legal custody is the

decision-making authority over kind of

major decisions for the children so

parents have the ability under a

parenting plan when they have physical

custody parenting time with their child

they can make day-to-day decisions

emergency decisions for their child but

legal custody refers to the major

decision Mak component of a child’s life

so

education um uh health care that kind of

thing in Oregon unless parents agree to

Joint legal custody the court must

assign legal custody to one parent or

the other that’s just how Oregon is

other states are different but the

default in Oregon is it goes to one

parent or the other if parents can agree

to have the joint decision-making legal

custody situation then they can and so

that Arrangement will be approved by the

court but if they don’t agree the court

will assign decision-making authority to

one parent or the other looking at you

know primarily the the who’s the primary

parent primary caregiver

Portland, OR family law attorney Tate Justesen talks about the difference between physical and legal custody.

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