Married parents often make joint decisions about the medical care their child will receive. This includes situations where a child is injured, becomes ill or needs hospital treatment. It also applies to preventive care, such as deciding which vaccinations the child will receive during their early years.
But what happens when the parents get divorced? What if you want to approve a specific type of medical care for your child, but your ex disagrees? How do you make this decision, and how do you proceed?
Who has custody?
The first question to address is who has legal custody of the child, which is different from physical custody.
If one parent has sole legal custody, that parent has the exclusive right to make medical decisions. For example, if you have sole legal custody, you can approve the medical care for your child, even if your ex objects.
However, if the two of you share legal custody, things become more complicated. In this case, both parents must agree on major decisions, including medical care. You cannot approve treatment without your ex’s input, nor can you intentionally violate their legal custody rights.
If the two of you cannot find a compromise or reach an agreement, the only remaining option may be to go to court. A judge will consider the child’s best interests and issue a ruling on how to proceed. This court order must be followed, even if one parent disagrees with it.
Custody battles
As you can see, many custody disagreements don’t involve where the child lives, but can still be complex and contentious. If you’re involved in one of these disputes, make sure you understand all of your legal options to protect your rights and your child’s well-being.