Portland, OR family law attorney Tate Justesen talks about the difference between physical and legal custody. Physical and legal custody are two distinct concepts in Oregon law, as they are in many states, although the specifics may vary. In Oregon, physical custody is commonly referred to as parenting time, a term that has largely replaced the older phrase “physical custody” to describe the time that parents actually spend with their children. A parenting plan may specify, for example, that a child will be with Parent X on certain days and Parent Y on others. This arrangement defines both physical custody and parenting time.

Conversely, legal custody pertains to the decision-making authority regarding significant aspects of a child’s life, such as education and healthcare. While parents with physical custody have the right to make day-to-day and emergency decisions for their child, legal custody involves the major decisions that impact the child’s overall well-being.