Peaceful Collaboration Is My Goal

Custody vs. Parenting Time

On Behalf of | Jan 10, 2021 | Firm News

One common misconception is that sole custody means that the other party does
not get a substantial amount of parenting time so many parents will express
that they want joint custody. Joint custody in Oregon can be difficult to
achieve, because both parties have to agree to share custody. Joint custody
means that both parents agree to make decisions together regarding major
medical decisions, school decisions, and decisions regarding where the child
physically resides, among other major legal decisions. Joint custody requires
two parents who are cooperative with each other and strongly committed to
coparenting in the best interest of the child. The default in Oregon is sole
legal custody with equal parenting time. This means that one parent (generally
the primary custodial parent) makes all major decisions regarding the care of
the child, but that

both parents share an equal amount of parenting time. This can be in the form
of parenting time with each parent on alternating weeks or half the week spent
with each parent. Typically, parents will decide on a parenting time schedule
in mediation, a required step in child custody matters. Mediation allows
parents to discuss who will be the primary custodial parent, or if they will
share joint custody, and it further allows parents to account for other
factors, such as proximity of the parents’ homes and their location in the
child’s school district or ability to provide transportation to and from
school.

The main take-away here is that asking for sole custody, as we do in every
petition and response, is not an attempt to deprive the other parent of a fair
parenting time schedule, but rather to secure a primary custodial parent who
can make the major decisions for the child. We ask for sole custody in our
petitions to protect your parental rights to make decisions for the child, if
the other parent does not agree to joint custody.