Is Parenting Time the Same As Custody?

Parenting time and custody — are they the same thing?

When a couple’s partnership ends, a great deal needs to be done in order to make sure that a child’s best interests are being protected. Though these sorts of arrangements are common, there are still many misconceptions surrounding how children are served. 

One of these misconceptions centers on the concepts of parenting time and custody, where the terms might incorrectly be used interchangeably, despite the fact that they are very different things, both of which are critical pieces of the overall parenting plan. 

The parenting plan will address issues like custody, parenting time, child support, health insurance responsibilities, how far either parent might be able to move (if at all) while their children are minors, and more. 

Let us help you understand the differences between these two important factors of your parenting agreement, and how you can do all you can in the best interest of your children.

What is custody?

Though there can be confusion about the concepts of custody and parenting time, custody is defined as having the authority to make major life decisions for the child. “Major life decisions” are education, medical care, religion, and residence. It does not mean “who has the child on what days.”

In Oregon, the laws are designed to make as certain as possible that both parents make equitable contributions in raising their children while also having predictable and regular contact with them, except in those situations where such contact isn’t in the child’s best interest.

These are some of the most important things that the court will consider when determining custody and parenting time, both of which are generally decided at the same time. 

When making decisions regarding custody, the court considers things like a child’s social and emotional connection to their family members, each parents’ perceived level of interest in the child, any history of abuse, the willingness to facilitate a close relationship with the other parent, whether or not there is a clear “primary caregiver,” and more. 

The court does not and cannot give preference to mothers over fathers in custody decisions, and it will do all it can to not separate siblings from one another. 

Are there different types of custody?

In Oregon, there are two types of custody: Sole custody and joint custody. 

When a parent is granted sole custody of their child, they now have the sole legal authority to make significant decisions about their child’s upbringing. 

Usually, both parents will are able to access important medical, school, and other relevant records, as well as provide authorization for critical needs like emergency medical care no matter the legal custody designation. 

Though it is not always the case, the parent with sole custody often has a larger portion of the parenting time vs. the other parent. This is however not a requirement.

The other type of custody is called joint custody. In this type of custody, both parents have decision-making rights regarding important facets of their child’s life. Joint custody cannot be awarded in the state of Oregon unless both parents agree to the arrangement.  

A common misconception about joint custody is that each parent will share equal time with their child, when in fact any number scenarios can take place regarding how much time each parent has their child living with them. You might enter into a joint custody arrangement and still pay child support. It depends on a number of important factors. This is where the concept of parenting time comes into play.

What is parenting time?

Parenting time is synonymous with what some states still call visitation, and refers to the specific time a child spends with each parent. It should not be assumed that each parent will be awarded equal time with their children. 

In every county in Oregon, parties are required to attend mediation and a parenting education class before any decisions can be made by the court for either custody or parenting time. In those cases where the parents can’t come to an agreement on custody and parenting time, the court will make the final decisions at hearing or trial. Mediation through the county-provided service can often lead to a custody and parenting time arrangement that the parties are more comfortable with than one that is ordered by the court after a hearing or trial.

Here are some factors that are considered by the court when determining parenting time:

• What is best for the child? This is the most important factor in all decision making regarding child custody, parenting time, child support, and other considerations regarding minor children.

• Is there a history of abuse (physical, verbal, drug, etc.) that might necessitate supervised parenting time?

• Is there a need for either parent to undergo counseling or take additional parenting classes?

There are as many parenting time arrangements as there are families, but most have two components: (1) a consistent calendar of regular/school year time and (2) variations to accommodate holiday, school break, and summer schedules. 

Only very rarely is parenting time denied altogether, and when it is, it is usually due to cases where the child would be endangered. 

As you can see, there’s an important and distinct difference between custody and parenting time, and there’s so much more that we can share with you about creating parenting plans that support the best interests of your child. To learn more, contact us today to schedule your confidential consultation!