Introduction to Parenting Time
Parenting time is often the actual but unrecognized underlying interest of the parents. In Oregon, custody is decision-making authority for the child’s major decisions and parenting time is the amount of time that the child is actually with each parent.
As an illustrative example only, it is entirely possible under the rules for one parent to have sole custody of the child but have zero parenting time and the child live with the non-custodial parent with 100% of the parenting time. For obvious reasons, that type of arrangement would be unlikely to be found to be in a child’s best interests, but the possibility remains, and demonstrates the distinction between custody and parenting time. In cases where the parties agree to joint custody, the parenting time schedule is often where they disagree the most.
Parenting Time in Oregon
The courts generally recognize a parent’s constitutionally protected right to a relationship with their children, which has been interpreted to be in both the US Constitution and the Oregon Constitution, as well as several other states.
It is strong Oregon public policy to encourage and assure frequent and continuing contact between a minor child and parents who have shown the ability to act in the best interests of the child and to encourage parents to share in the rights and responsibilities of raising their children after the parents have divorced or separated. ORS 107.101 and ORS 107.149.
The courts are reluctant to interfere with this right by suspending or terminating a parent’s parenting time without sufficient cause. In fact, other than in certain cases of rape, the court may only deny parenting time to the noncustodial parent if the court finds that parenting time would endanger the health or safety of the child. ORS 107.105(1)(b).
In theory, the courts are supposed to protect this constitutional right by providing the non-custodial parent with extensive parenting time with the children in effort to approximate a normal familial relationship, as long as that parenting time does not interfere with the children's relationship with the custodial parent. In practice however, absent an agreement otherwise between the parents, the non-custodial parent often tends to end up with far less parenting time than they had envisioned or desired. As a general guideline, the non-custodial parent should expect 25-50% of the parenting time.
Parenting Plans
A parenting plan is required in every case involving parenting time with a child. It may be either general or detailed, but at a minimum it must set forth the amount of parenting time the noncustodial parent is entitled to have. Other than the county model parenting plan, or a court-ordered parenting plan, there are almost no restrictions on how creative you can be with designing your own parenting time schedule and parenting plan.
If the parents cannot agree on a parenting plan and parenting time schedule for the children, then the court will either adopt a parenting plan that one of the parties proposed, or they will develop a parenting plan and order the parties to follow it. The court is authorized by ORS 107.105(1)(b) and ORS 107.102 to develop a detailed parenting plan for the parties. In developing this parenting plan, the court is only to consider the best interests of the child and the safety of the parties. ORS 107.102(5)(b). The desires of the parents are a secondary concern in awarding parenting time.
County Model Parenting Plans
Many, if not most, county courts in Oregon have already developed their own model or standard parenting plan. This model parenting plan can usually be found in that specific county’s Supplemental Local Court Rule (SLR) or on their local county court website. Each model parenting has its own distinctive name, and each has its own distinctive schedules, rules, and provisions. It is critical that you familiarize yourself with your local model parenting plan because it is frequently used as a default parenting plan when the parties cannot otherwise agree, and the court is required to order one.
As a general guideline, and keep in mind that every county has their own rule and it may be different than this, the non-custodial parent generally gets overnight parenting time with the child every other weekend, half the summer, and for half of the major holidays. The weekend parenting time is usually Friday through Sunday or Friday through Monday, and sometimes will extend to an additional day if there is no school on Friday or Monday. Holiday parenting time is usually split between the parents and alternates each year, other than a few exceptions. For example, mothers typically get every Mother’s Day, fathers typically get every Father’s Day, and each parent usually gets the child on their own birthday.
50/50 Parenting Plans
Parents frequently go into their first contested family law case with an expectation of walking out with a 50/50 parenting time schedule, a common but mistaken assumption. The natural but not legal presumption is that because they are the child’s other parent, they will automatically get half of the parenting time with the child. This may be, but is not necessarily, the case.
If the parties agree to jointly exercise a 50/50 parenting time schedule, absent any other compelling factors such as child abuse or substance abuse, and the proposal is not contrary to any other public policy or practical reality, the court will almost always approve it. For example, the court is unlikely to approve a week-on / week-off 50/50 parenting time schedule if the parents live on opposite sides of the country because that would be unduly burdensome for the child, who would then spend half their time traveling between homes.
As discussed above, the legal standard for the court to consider when ordering a parenting plan is the best interests and welfare of the child, which, short of mutual settlement between the parties, is a fact-intensive examination of all of the child’s circumstances. If you rely on your biological association alone, you are almost guaranteed to be disappointed in the resulting outcome.
There are multiple creative options for a 50/50 parenting time schedule. Here are a few ideas, or you can create your own:
Every Other Week
Sunday | Monday | Tuesday | Wednesday | Thursday | Friday | Saturday |
Parent A | Parent A | Parent A | Parent A | Parent A | Parent A | Parent A |
Parent B | Parent B | Parent B | Parent B | Parent B | Parent B | Parent B |
Every Other Week + Overnight
Sunday | Monday | Tuesday | Wednesday | Thursday | Friday | Saturday |
Parent A | Parent A | Parent A/B | Parent A/B | Parent A | Parent A | Parent A |
Parent B | Parent B | Parent A/B | Parent A/B | Parent B | Parent B | Parent B |
3-3-4-4
Sunday | Monday | Tuesday | Wednesday | Thursday | Friday | Saturday |
Parent A | Parent A | Parent A | Parent B | Parent B | Parent B | Parent A |
Parent A | Parent A | Parent A | Parent B | Parent B | Parent B | Parent B |
2-2-5-5
Sunday | Monday | Tuesday | Wednesday | Thursday | Friday | Saturday |
Parent A | Parent A | Parent B | Parent B | Parent A | Parent A | Parent A |
Parent A | Parent A | Parent B | Parent B | Parent B | Parent B | Parent B |
2-2-3
Sunday | Monday | Tuesday | Wednesday | Thursday | Friday | Saturday |
Parent A | Parent A | Parent B | Parent B | Parent A | Parent A | Parent A |
Parent B | Parent B | Parent A | Parent A | Parent B | Parent B | Parent B |
Every Other Day
Sunday | Monday | Tuesday | Wednesday | Thursday | Friday | Saturday |
Parent A | Parent B | Parent A | Parent B | Parent A | Parent B | Parent A |
Parent B | Parent A | Parent B | Parent A | Parent B | Parent A | Parent B |
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