How is Parenting Time Determined?

In Oregon, when a separation or divorce involves any minor children, one of the first questions is who gets custody? Other questions that quickly follow are how often and for what length of time will I get to spend with my child in light of these new life circumstances?

In the more common situation where separating parents cannot agree on custody and parenting time, the court will declare such things. Factors such as the living situation of each parent, any history of abuse or violence on either parent’s behalf, the child’s age, and stability that can be provided are considered when determining custody. For instance, does living with a certain parent mean the child will have to change schools or move away from supportive family? Ultimately, Oregon courts apply the Best Interest standard when determine who will have custody and how much parenting time will be granted to each parent and for when.

Parenting time can include a wide range of options and time spent with the child. Some non-custodial parents have little parenting time due to circumstances while other non-custodial parents choose to have as much time with their child as possible, even as much as half of the time. Aspects that determine parenting time involves such components as the child’s age, any unique circumstances regarding the child, the distance each parent lives from one another, the living situation of each parent, and again, any history of abuse or violence on either parent’s behalf.

For each parenting time plan, there will also need to be a child support calculation completed to determine each parties’ potential child support obligation. The child support calculator can be found at: Oregon Child Support Calculator.

The Oregon Department of Justice Oregon Child Support Program provides a Parenting Time Calculator as a tool to help parents figure out the number of overnights each parent ultimately has when calculating child support pursuant to the Oregon Child Support Guidelines Calculator.

Seeking legal assistance is a practical measure to ensure you and your ex-partner work together for the best interest of your child, even for the trickier aspects of parenting time such as birthdays, holidays, religious events, and vacations. There are many different variations of parenting time depending upon the needs and circumstances of each parent and the child or children involved.