Understanding Parenting Time (Visitation) in Custody Cases

Parenting time—often still referred to as “visitation”—defines when each parent spends time with their child following separation or divorce. Courts in both Oregon and Washington aim to create stable, child-centered schedules, whether parents agree on a plan or a judge must decide.

This post offers a general overview of how parenting time works, how it’s decided, and how it can be changed later.

What Is Parenting Time?

Parenting time refers to the actual schedule of where the child lives and when each parent will have time with them. It’s distinct from legal custody, which covers decision-making authority. Parenting time schedules can be:

• Equal – Often alternating weeks or a 2-2-3 rotation
• Substantially shared – One parent may have more weekday time, while the other has weekends
• Primary residence with visitation – One parent is the primary caregiver, with the other parent having scheduled time (commonly every other weekend, holidays, and school breaks)

In many cases, parenting time evolves as children grow and circumstances change.

How It’s Decided

Courts prefer that parents create a parenting plan together, but if there’s disagreement, the court will impose one. Factors influencing the plan include:

• Each parent’s history of involvement
• The child’s age and needs
• Each parent’s ability to provide a safe, stable home
• Any history of abuse or neglect
• Proximity of the parents’ homes

Washington courts also consider whether one parent has tried to limit the child’s relationship with the other.

Enforcing and Modifying Parenting Time

If a parent isn’t following the agreed-upon plan, courts can enforce it through remedies such as:

• Make-up time
• Contempt of court
• Modification of the plan

Parenting time can also be modified if there’s a substantial change in circumstances and the new plan supports the child’s well-being.

Learn More

To see how our team helps families create or update parenting time schedules, visit our Child Custody & Parenting Time practice area page..