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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.