Most medical aspects of a custody order are open-ended, but give one parent (typically the custodial parent) the final decision-making power if parents can’t agree. Custody orders can be even more detailed setting forth: requiring parents to share and disclose the child’s medical records within seven days of any doctor visit.
Can a parent seek a Custody Modification for a medical condition?
For example, a parent may seek a custody modification on the grounds that other parent refuses to give a child their prescribed medicine. Or a parent to a child with a chronic medical condition may request a change in physical custody because of the parent’s proximity to top medical care.
What if my custody order doesn’t address medical issues?
requiring parents to share and disclose the child’s medical records within seven days of any doctor visit. What If My Custody Order Doesn’t Address Medical Issues? You custody order may be silent on medical issues, but it should spell out your role in making medical choices for your child.
Can a surgeon appear by telephone to resolve a child custody dispute?
In an effort to resolve the matter without interfering with the current child custody order, the judge asked the parties to arrange for their respective proposed surgeons to appear by telephone, explain their differences in approach, and answer questions.
Who makes the final decision in a custody order?
Most medical aspects of a custody order are open-ended, but give one parent (typically the custodial parent) the final decision-making power if parents can’t agree. Custody orders can be even more detailed setting forth:
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 if married parents disagree on medical treatment?
Legal Options When Parents Disagree on Medical Decisions If there is shared decision-making regarding medical issues and both parents cannot come to an agreement, the court will examine the facts both parties put forth and determine what is in the best interest of the child.
Can a parent refuse medication for their child?
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 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.
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.
Can a doctor override a parent?
According to McDougall and Notini, physicians have no authority to override a parent; they can only ask the state to do so.
Can a parent demand that you provide their child with treatment and you are uncomfortable with?
Can parents refuse to provide their children with necessary medical treatment on the basis of their beliefs? Parents have legal and moral authority to make health care decisions for their children, as long as those decisions do not pose a significant risk of serious harm to the child's health.
What is considered a medical decision?
We developed the following definition of a medical decision: 'A verbal statement committing to a particular course of clinically relevant action and/or statement concerning the patient's health that carries meaning and weight because it is said by a medical expert'.
Can parents refuse medical treatment for their child for religious reasons?
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.
Can a child be forced to take medication?
The short answer is “yes.” A person has a constitutional right to refuse medication and other forms of medical treatment, and that includes the right of parents to refuse to allow that their children be medicated.
Was the mother consulted before the surgery?
The mother was not consulted before the surgery was scheduled, and she objected when she learned about it. This ultimately led to a court appearance, cancellation of the initially scheduled surgery, and a second opinion from a surgeon of the mother’s choosing.
Is joint custody legal in New Jersey?
In his analysis, Judge Jones described the New Jersey policy favoring joint legal custody. In a usual case, he observed, under the New Jersey custody statute (N.J.S.A. 9:2-4), both parent’s begin with an equal right to make major decisions concerning a child’s health, education and welfare. Nevertheless, he pointed out, this arrangement is often not feasible, due to the unfortunate fact that many parents come out of acrimonious divorce proceedings with exactly the type of relationship that appeared to exist in this case. While both parents obviously loved their child, it was clear from their demeanor and body language that they neither trusted nor respected each other. The court then observed that while the statute allowed transfer of sole legal custody to either party, it also authorized “any other custody arrangement as the court may determine to be in the best interests of the child.” (N.J.S.A. 9:2-4 (c).
Why do parents end up in court?
Disagreeing about vaccines and other medical treatments is a common reason why parents end up back in family court. If there is shared decision-making regarding medical issues and both parents cannot come to an agreement, the court will examine the facts both parties put forth and determine what is in the best interest of the child.
What changes did Illinois make to the family law?
Included in those changes was the elimination of terms like child custody and visitation. Instead, family court judges issue orders regarding the allocation of parental responsibilities and parenting time.
What is joint decision making?
Joint decision making - The parents have an equal say in all major decisions in a child’s life and must work together to come up with those decisions. Split decision making - The court divides up issues between the parents. For example, one parent may have sole decision-making about the child’s education while the other parent may have sole ...
Why do parents seek a custody modification?
For example, a parent may seek a custody modification on the grounds that other parent refuses to give a child their prescribed medicine. Or a parent to a child with a chronic medical condition may request a change in physical custody because of the parent’s proximity to top medical care.
What are some examples of a change in circumstances that may warrant an adjustment to custody?
Some examples of a change in circumstances that may warrant an adjustment to custody include: the court’s termination of one parent’s rights since the last custody order was issued. Ultimately, a court will assess a child’s best interests and each parent’s ability and willingness to meet that child’s needs.
What is a custody order?
A typical custody order will address which parent pays for health insurance, how parents will split medical costs and bills, and whether one or both parents will have the final say on major medical decisions. If your child has an existing medical condition like asthma or a heart condition that requires a future surgery, ...
What to do if you have a child with another parent?
Alternatively, you may need to report the other parent’s conduct to the police or your state’s child welfare agency. An agency will need to conduct an investigation, which takes time you may not have in an emergency. As a parent, your child’s well being should be a top priority.
What to do if your child has a heart condition?
If your child has an existing medical condition like asthma or a heart condition that requires a future surgery, you may want to plan ahead and address future costs and procedures . For example, your order could state that both parents agree to pursue a specific heart surgery for the child’s condition.
Can you rush your child to the ER?
Even if you don’t have legal custody of your child, you still have the right to rush your child to the ER or call an ambulance in an extreme emergency. However, in emergency situations where you don’t have access to your child and the child’s other parent isn’t providing medical care, you may need a court to take action.
Can a parent have joint custody of a child?
Parents can share legal custody of their children (called “joint legal custody”) or just one parent can have legal custody (called “sole legal custody”). A parent with sole legal custody controls all decisions involving the child, including the child’s medical treatments.
When a child is dealing with a long illness or serious injury, the parents may need to make multiple treatment decisions
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.
What happens when parents share decision making power?
If parents share decision-making power, then both parents will have to come to an agreement about how the child should be treated.
Why is it important to negotiate a parenting plan?
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.
Can a parent have custody of a child in Florida?
In Florida, a parent may have legal custody, physical custody, or both types of custody over a child. Parents can also share these types of custody jointly. Physical custody refers to having actual parenting time with the child, whether that means that the child lives with the parent full time, or has schedule visitation periods.