Most people going through divorce do not realize the law has specific rights for each parent. These rights allow both parents to be actively involved in the child’s life. The reasoning behind these rights is to raise a responsible, productive member of the community. This takes both parents.
The parent awarded sole custody, or the parent defined as the “residential parent” in a joint custody situation, must sign releases with the school, government agencies and any person that provides care for the child such as the pediatrician, dentist, counselor and/or psychologist. The release allows the other parent access to this information. Once the releases are signed, it is up to the other parent to request this information.
For example, if Mother has custody, Mother is required to sign a release at the school to allow Father to have access to the school records. Father can then request the information from the school once the release is signed. Mother does not have to provide the information for the Father.
I have listed the rights below along with the specific Oregon Revised Statute. Please note that these laws both begin with “Unless otherwise ordered by this Court.” The court can enforce any limits on these rights if the court believes it is in the best interest of the child.
Rights of parents ORS 107.154: Unless otherwise ordered by this Court, an order of primary custody to one parent shall not deprive the other parent of the following authority:
To inspect and receive school records and to consult with school staff concerning their children’s welfare and education, to the same extent as the custodial parent may inspect and receive such records and consult with such staff.
To inspect and receive governmental agency and law enforcement records concerning their children to the same extent as the custodial parent may inspect and receive such records. To consult with any person who may provide care or treatment for their children and to inspect and receive their children’s medical, dental and psychological records, to the same extent as the custodial parent may consult with such person and inspect and receive such records.
To authorize emergency medical, dental, psychological, psychiatric or other health care for the children if the custodial parent is, for practical purposes, unavailable.
To apply to be either child’s guardian ad litem, conservator, or both. One final note on ORS 107.154(4) – To authorize emergency medical, dental, psychological, psychiatric and other health care for the child if the custodial parent is, for practical purposes, unavailable. Most courts will order that the noncustodial or nonresidential parent be the secondary contact on record at school. Yes, Parents (both parents) have the right to be a Parent. It is not in the best interest of the children for any parent to deny the other parent the right to be a PARENT to their child/children.