If a minor is not able to consent to treatment on his or her own behalf (state laws vary widely in this regard), then generally, consent must be given by a parent or guardian, or under certain circumstances, by both parents. In an intact family, the general rule is that either parent may consent to the child’s treatment.
What are my child’s medical rights if I don't have custody?
State law allows either parent to provide immediate medical care in an emergency situation. 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. Can I Request a Change in Custody Based on My Child’s Medical Needs?
Can a custody order take a child to the Doctor?
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: circumstances that warrant taking the child to a doctor providing a list of approved physicians, and
Can a parent change custody due to a medical condition?
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. Generally, courts won’t change custody unless they see a significant change in circumstances.
What happens if a parent does not have a custody agreement?
The state may find that the parent is neglecting the child and place them in state custody. Even parents without existing parental custody agreements may lose visitation access. In some cases, the custody order may be temporary, and the parents can regain custody.
Can parents refuse medical treatment 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.
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.
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 happens when two parents disagree on medical treatment?
So a problem arises if your ex isn't complying or is constantly disagreeing with your medical decisions. If this is the case, you can seek relief from the court under the grounds that you and your co-parent are not capable of making joint decisions, and you cannot both exercise legal custody of your child.
What if 2 parents disagree on medical treatment?
If a parent refuses to give consent to a particular treatment, this decision can be overruled by the courts if treatment is thought to be in the best interests of the child. By law, healthcare professionals only need 1 person with parental responsibility to give consent for them to provide treatment.
Can you overrule doctors decision?
If you disagree with the decision then you should speak to the doctor, as you have the right to be consulted. You might not change her mind, but she should listen to you and explain the reasons for her decision. If you still disagree, then you can request a second opinion.
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.
What is the potential impact on a child's health by not taking appropriate treatment?
Effects of neglect problems with brain development. taking risks, like running away from home, using drugs and alcohol or breaking the law. getting into dangerous relationships. difficulty with relationships later in life, including with their own children.
Can doctors override patients?
It can be ethically acceptable to override a stated wish because it is in the patient's best interest. Some patients request aggressive interventions before a major change in their medical condition and expected outcome.
Can a doctor refuse to treat a patient?
As a rule of thumb, if unnecessary delays in care may cause irreparable harm, physicians can face legal liability for their refusal to treat. If you need urgent medical attention, and a doctor refuses to treat you, you can pursue a medical malpractice suit against the physician and/or the establishment they work for.
What Types of Medical Issues Will A Custody Order Cover?
A typical custody order will address which parent pays for health insurance, how parents will split medical costs and bills, and whether one or bot...
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. In general, “legal c...
Can I Request A Change in Custody Based on My Child’S Medical Needs?
When children suffer health issues because of one parent’s actions or inactions, it may be grounds for changing custody. In some cases, a court may...
Handling Your Child’S Medical Care in An Emergency
State law allows either parent to provide immediate medical care in an emergency situation. Even if you don’t have legal custody of your child, you...
Questions For Your Attorney
1. I have sole legal custody, but my ex refuses to give our child her prescribed medications during visitation. This leads to health problems for m...