The parent-child relationship is important; it has even been enshrined in Supreme Court cases that reach many decades into the past. Parents usually want a say in the decisions that affect their children, and certain child custody rights give them the legal authority to make decisions on behalf of their children.

But what about parents who have lost custody of their kids? In a case recently taken up by the Oregon Supreme Court, parents of eight kids between the ages of one and eight objected on religious grounds to their kids being immunized with common childhood vaccines. Oregon state laws do give parents the ability to refuse vaccinations for their children before they enroll in public schools. In this case, however, the parents had lost their children when Department of Human Services workers removed the kids from their parents' home for reasons that were not specified in court documents.

The DHS believes the children should be vaccinated; the parents do not. At the first level of appeal, the court determined that the parents' constitutional rights would not be violated were DHS authorities to decide the children needed vaccinations. Now, the Oregon Supreme Court is in the process of reviewing the lower court's decision. Oral arguments before the Oregon Supreme Court took place November 5.

While most parents with child custody concerns do not have to worry about interference from the DHS, the case does bring up an interesting question for parents who are divorced or who may be divorcing in the future. Who does get to make decisions about the children's medical care? The answer depends on the legal custody arrangements that are implemented in a settlement agreement or court order.

Joint custody means parents share responsibility for decisions regarding the child

For most people, the phrase "child custody" brings to mind arrangements for where the child will live. It is true that an order providing for custody can specify one parent's home as the child's primary residence, and a framework for visitation with the other parent can be worked out. However, where the child spends his or her time might be better thought of as "parenting time," because legal custody is another matter entirely.

Legal custody refers to the right and responsibility to make important decisions regarding the child's upbringing. Such decisions might include what, if any, religious instruction the child will receive, which school the child will attend, and, as exemplified in the recent Oregon Supreme Court case, healthcare decisions affecting the child.

When parents have joint custody, they share responsibility for making parenting decisions. In a joint custody situation, it is immaterial if the child spends more of his or her time with one parent or the other; decision-making authority is still shared.

In some situations, one parent is awarded sole custody, which gives the parent the ability to make all of the major decisions pertaining to the child. In addition, under Oregon law, an order for joint custody can designate one parent as having sole decision-making authority about specified matters, while leaving each parent with equal rights when it comes to other decisions.

Talk to an Oregon family law attorney to learn more about child custody

There are few things in life as important as your relationship with your children. If your marriage is ending, get in touch with an experienced Oregon family law attorney. Your attorney can help you settle on workable child custody arrangements that are uniquely suited to the needs of your family.