In a recent custody dispute before the New Jersey Family Court, the trial judge decided that when divorced parents with joint custody cannot agree on a course of medical treatment for their child, the court may appoint one of them the “temporary medical custodian” with the authority to make important health decisions for the child.
Can a child of a divorced parent consent to medical treatment?
Treating Minors of Divorced Parents: Determining Consent to Treat. Typically, only the parent with legal custody may consent to the child's medical care and authorize the release of the child's medical record to third parties. Legal custody may be awarded to one parent (sole custody) or to both parents (joint custody).
Can a parent without sole custody make medical decisions in NJ?
The parent without sole custody is obligated to tell the other parent about emergency medical decisions about the child. In New Jersey, only approximately 5% of divorces result in sole legal custody by one parent. Joint legal custody means that both parents can make medical decisions regarding the child’s medical care.
Can a parent consent to release a child's medical records?
Typically, only the parent with legal custody may consent to the child's medical care and authorize the release of the child's medical record to third parties. Legal custody may be awarded to one parent (sole custody) or to both parents (joint custody).
Can parents work together to get the best medical care for their children?
Even parents who in ordinary circumstances would never get along will still work together to make sure that their child gets the medical care that they need. But what if the parents cannot agree on the type of treatment that is best for their child?
What happens when two parents disagree on medical treatment?
Disagreement over medical treatment can place medical care providers in a difficult situation. They will likely defer to the terms of the custody and visitation order or any court order that pertains to the child's medical needs.
Do both parents have to agree on medication?
Solutions for Medication Disputes If one party has sole legal custody, then he or she has the exclusive right to make medical decisions for the children. If you have joint legal custody, then both parents must come to agreement on issues regarding medical decisions.
What course of action should be taken when two parents disagree on treatment for their child?
If you have joint legal custody and are unable to come to an agreement with the other parent, you may have to go through mediation to resolve these disagreements. Alternatively, you could agree to have a neutral third party decide for you. In drastic situations, the court may decide on your behalf.
Can parents withhold medical treatment?
Parents have the responsibility and authority to make medical decisions on behalf of their children. This includes the right to refuse or discontinue treatments, even those that may be life-sustaining. However, parental decision-making should be guided by the best interests of the child.
What does joint medical decision-making mean?
Joint legal custody means that both parents can make medical decisions regarding the child's medical care. The custodial parent who is with the child that day makes emergency medical decision. For a non-emergency medical appointment, both parents will consult each other.
What do judges look for in child custody cases?
The child's age, gender, characteristics and background will all be a factor in the decision process. The judge or magistrate will want to ensure that the child is safe from any possible harm and the parent has the ability to meet the child's needs.
When can a parent parents refuse medical treatment for a child?
The age of majority is 18 years. There is no stipulated age of consent for treatment. A patient under 18 years of age is presumed to be without capacity but may also be assessed and determined to be a 'mature minor' and able to give consent to or refuse treatment.
Can doctors override parents decisions?
That is, because of the existence of an emergency, treatment is legally permissible, and the court does not need to adjudicate the best interest of the child in approving the physician's decision to override a parental refusal for treatment.
What happens when one parent disciplines and the other doesn t?
Make it a rule that if one parent disciplines a child, the other parent must back it up, even if the other parent disagrees with the punishment. You and your spouse need to present yourselves as a unified team to your child, or it will undermine your authority as parents.
Can a doctor treat a child without parental consent?
In an emergency, where treatment is vital and waiting for parental consent would place the child at risk, treatment can proceed without consent.
Do parents have the right to refuse medical treatment for their child based on religious beliefs?
Religious Beliefs are Not a Defense for Denying Treatment to a Child. Adults have the right to refuse their own medical care for religious or personal reasons. However, this legal right to refuse medical care does not extend to their children if it endangers the child's welfare.
When can the government override a parent's medical decision in the US?
If the child's parents are not acting in the best interest of their welfare, the state can override parental decisions. At the end of the day, the child's life is the primary concern. A parent can face loss of custody or criminal charges for failing to provide the necessary medical care for their child.
Decision-Making Power
Emergency Situations
- When a child needs medical attention, the parent with the decision-making power should control the child’s treatment options. If parents share decision-making power, then both parents will have to come to an agreement about how the child should be treated. However, there is an exception to the decision-making power rules. If the child is seriously ...
Conflicts Between Parents
- When a child is dealing with a long illness or serious injury, the parents may need to make multiple treatment decisions about the best course of action. In these situations, the parents may not always agree on what is best for the child. If this situation occurs when one parent has limited decision-making power, then the solution is simple: the parent with full decision-making power g…
Help For Parents
- Sick and injured children need the full support of both of their parents. For that reason, it is important to negotiate a parenting plan that clearly delineates each parent’s responsibilities in case of an injury, illness, or other medical emergency. At the Law Office of Jonathan M. Galler, P.A., we know how important the health of your children is to your family. If you need assistanc…