Physical and legal custody are two distinct concepts in Oregon law, and likely in every state, though the specifics may vary. In Oregon, physical custody is commonly referred to as parenting time. This term has largely replaced the older term “physical custody” to describe the time that parents actually spend with their children. A parenting plan may specify, for example, that the child will be with Parent X on certain days and Parent Y on others. This arrangement defines the physical custody and parenting time.

On the other hand, 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.

In Oregon, unless parents agree to joint legal custody, the court is required to assign legal custody to one parent. This is the default rule in the state, differing from other jurisdictions where joint custody may be more common. If parents can agree to a joint decision-making arrangement, the court will approve it. However, if they cannot reach an agreement, the court will assign decision-making authority to one parent, typically considering who is the primary caregiver.