Making Medical Decisions for Children After Divorce: What Every Parent Needs to Know
Divorce does not end parenting. When children are involved, it means ex-spouses must continue working together to raise them even when opinions differ. With the rare exception, most parents will be granted joint legal custody of their children. This means both parents will be responsible to make decisions regarding the child’s welfare, which includes medical decisions.
Medical choices regarding the child can include things such as what treatment they will receive, providing insurance, what doctor they frequent, etc. These decisions can make an enormous impact on the child’s future. With the stakes so high, it is common for co-parents to grow frustrated, and they may start to wonder: can my ex-spouse make medical decisions without me? Or without my consent?
Knowing what the law says, and then reviewing your own custody arrangements, will help to clarify what your rights might be and what recourse you could have if you feel that your child’s other parent is acting out of line.
Physical Custody and Legal Custody
Child custody has two aspects:
- Physical custody – Where the child lives and spends time.
- Legal custody – Who makes the decisions about the child’s welfare, including medical care and education.
Each can be sole (one parent only) or joint (shared by both parents). When parents share joint legal custody, both must be involved in making decisions about their child’s welfare which includes medical decisions.
Joint Legal Custody and Medical Decisions
Parents should familiarize themselves with the terms of their custody agreement to understand what parameters exist in their custody agreements. The child custody order should provide sufficient detail to let parents know what medical decisions can be made by whom. Generally, co-parents with joint legal custody of their kids should consult one another on major medical decisions and are required to share information.
When Can a Parent Make Medical Decisions Alone?
In situations where both parents share joint legal custody, there are a few circumstances where one parent may act without the other. However, it is important to read and understand the parameters specifically laid out in your own custody agreement.
- Emergencies – If your child is injured or seriously ill. You should, however, notify your co-parent as soon as possible.
- Custody Agreement Exceptions – If your agreement does not require consent for routine matters, you may act alone.
- Sole Legal Custody – If one parent has sole legal custody, they can make medical decisions without input from the other.
The court will consider what is in the child’s best interest.
When Parents Disagree
A parent who has sole legal custody can make medical decisions without the permission or input of the other parent. However, the court will always prioritize what is in the best interest of the child. This means that if the other parent feels the treatment being sought or received is unnecessary or harmful, or that treatment is being improperly withheld, the other parent can petition the court to change the custody agreement. This can be done to renegotiate/re-draw lines on how these matters are decided.
Navigating Disagreements
As with most issues between co-parents, working together to find a solution before getting the court involved is generally a good step. This is, of course, not advisable or not possible in some circumstances.
When even congenial co-parents are at an impasse as to what course of action should be chosen, it may become necessary to turn to the court. A judge may be called upon to decide on the medical issue.
Contact Cardwell Steigerwald Young, LLP
An experienced San Francisco child custody and visitation attorney at Cardwell Steigerwald Young LLP can help you protect your child’s well-being through providing expert legal guidance and advice that is specifically tailored to your situation and ultimate goals. Contact our office today to begin speaking with our team.
Source:
selfhelp.courts.ca.gov/child-custody
