Making Medical Decisions for Kids in Divorce: What You Need to Know
Divorcing parents do not stop being parents when they stop being spouses. In the vast majority of cases, some kind of parenting relationship must continue, even after a marriage ends. Courts presume that a child’s best interests are served by a continuing relationship with both parents. Barring egregious circumstances, parents will need to work out a parenting plan that works – or abide by a court-ordered plan. Usually, parents end up in some kind of joint-custody arrangement. Both parents retain a responsibility to make decisions regarding their child’s welfare. This includes medical decisions.
Medical choices regarding your child might include deciding what treatment they will (or will not) receive, which doctor they visit, etc. These decisions can make an enormous impact on your child’s future and your pocketbook.
With the stakes so high, parents may grow frustrated and wonder if their ex can make medical decisions without them. Knowing the law and reviewing any custody arrangements already in place will help clarify your rights. This article aims to introduce basic concepts of child custody and how those relate to medical decisions regarding your children. These can be complex, high-stakes issues. For experienced, formal advice tailored to your own case, contact an experienced attorney at the Law Office of Bradley S. Sandler.
Physical Custody and Legal Custody
Child custody has two aspects: physical custody, which describes where the child lives, and legal custody. Legal custody determines who can make important decisions for your child. This might include what religion they were raised in, what school they attend, and what medical care they receive.
Legal and physical custody can be awarded to parents on either a sole-custody basis or a joint-custody basis.
Joint Custody
Joint custody means that both parents hold some amount of custody over the child. This could be any hybrid of arrangements. Parents who have a temporary or permanent custody arrangement/parenting plan should familiarize themselves with the terms of their agreement. Generally, 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?
Parents generally do not need to confer with their child’s other parent for minor things. However, what is considered “minor” for one parent might be a major issue for another. California Family Code § 3083 states that when parents share joint legal custody, the court will clarify what circumstances require the parents to come to an agreement on medical care. The court will also state consequences for failing in that duty. Apart from these specified situations, the default will be that parents may make decisions on their own.
Parents can also make certain medical decisions in emergency situations. Children should not suffer from a lack of care because one parent is waiting to act until they are able to communicate with the other parent. The child’s best interest is paramount.
Sole Legal Custody
A parent with sole custody can single-handedly make medical decisions without the input of the other parent. However, if the other parent believes harm is coming to the child due to the parent’s decisions, an objecting parent can seek court involvement and potentially even have custody arrangements altered.
Contact the Law Firm of Bradley S. Sandler
If you need expert legal representation in your divorce or require guidance on protecting your child’s best interests throughout the process, contact the Law Firm of Bradley S. Sandler. An experienced divorce attorney can help you put your mind at ease while feeling confident that you and your family’s best interests are protected. Contact our office today to learn more.
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