Treatment FAQ

when you and your spouse disagree about childs medical treatment

by Wilhelmine Kautzer Published 3 years ago Updated 2 years ago

If you and your former spouse/partner disagree on the practice of conventional medicine, a family law attorney or mediator might be able to assist you in reaching a compromise regarding your child’s medical care. After all, even a compromise might be better than going to court and having a judge make a decision for you.

Full Answer

How do you deal with disagreements with your spouse about parenting?

Aug 15, 2021 · In cases where families disagree about treatment, a resolution somehow needs to be reached. When parents are bitterly divided about continuing or discontinuing treatment, the hospital may turn to the court for guidance. Unfortunately, this can delay matters. In the end, it is better for everyone involved if spouses could come to an agreement before a trial is required. …

Are parenting disagreements harmful to children?

Dec 02, 2016 · Medical decisions that have the potential to impact a child’s life in a major way are often difficult, sometimes heart-wrenchingly so. Nevertheless, in most cases, your child’s interests will be best served by a spirit of openness and cooperation—and parents who are unable to cooperate with one another risk losing their option to do so.

How can a family law attorney help my child’s medical needs?

Try to be expressive and talk openly about what is in your mind. It is very difficult for your partner to read your mind if you are not ready for healthy communication. The worst enemy to a good communication is emotional outbursts (crying, name-calling, slamming doors, threatening) ! Disagreement regarding infertility treatment is a highly ...

Can a parent refuse medical treatment for their child?

When Divorced Parents Disagree About Children’s Medical Care Medical conditions, especially chronic ones, do not always have one universally agreed upon method for how best to manage them. Even in cases where almost all physicians would recommend the same treatment, the decision to pursue the treatment is not always easy.

What if married 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.Aug 6, 2020

What if parents disagree about medical treatment for a child?

If it does not assign medical decision-making authority, see who has legal custody. In some cases, one parent will have legal custody of the child, giving them the final say on major healthcare decisions. But in most cases, parents share joint legal custody.Mar 27, 2020

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 parents override 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.

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.

Can doctors override parents decisions?

However, there are situations where doctors can disagree with a parent's decision if a child is in a severe medical dilemma. The parens patriae doctrine gives the state the right to intervene with a parent's decision when it's believed they are not acting in the best interest for the child's well-being.Jul 25, 2017

What is considered a major medical decision?

In terms of things like mental health treatment or alternative medicine type things, those are absolutely, 100% considered major medical decisions and they would either need to be agreed upon or something would need to be filed with the court to change the decision-making, which is a whole other issue, standard.Nov 10, 2017

Is it neglect to not giving a child medication?

Medical neglect refers to a parent or guardian failing to provide adequate medical care for a dependent or minor child in their care. This can include, but is not limited to: Refusing or denying access to medical care in an emergency. Refusing to support medical expenses for necessary treatment without good cause.Mar 4, 2022

What is poor co parenting?

Bad-mouthing the other parent in front of your child or in their hearing. Directing negative non-verbal communication at the other parent in front of your child. Exposing your child to conflict between you and their other parent, whether in-person or on the phone.Aug 15, 2018

Can a child refuse life saving treatment?

Treatment refusals: Minors frequently refuse treatment, but where the treatment is life sustaining, the decision may be challenged either on the basis that it is not competent or because, though competent, the law allows the decision to be overruled: Competence: Under 16 year olds are assumed not to be competent.

What are some factors that may influence parental decision-making when making medical decisions for children with complex illness?

The themes included information needs, seriousness of illness, no other treatment options, child's best interests, religiosity and spirituality, parental characteristics and past experiences, and emotional support.

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.

What to do if you disagree with your spouse on conventional medicine?

If you and your former spouse/partner disagree on the practice of conventional medicine, a family law attorney or mediator might be able to assist you in reaching a compromise regarding your child’s medical care. After all, even a compromise might be better than going to court and having a judge make a decision for you.

What to do if parents cannot reach a mutual decision?

If parents cannot reach a mutual decision involving the day-to-day rearing of a child or making a medical decision, a court may consider a few alternatives: Deferring to a neutral third-party, agreed upon by both parties, which might be a stipulation in the custody agreement. Court ordered mediation.

What is the legal obligation of parents to take care of their children?

Parents have a legal obligation to take care of their children including providing them with shelter, food and medical care. After separation or divorce, a court or the parents themselves will make a determination as to which parent the child will live with (child custody). Oftentimes, the child will live with one parent, ...

What happens to a child after separation?

After separation or divorce, a court or the parents themselves will make a determination as to which parent the child will live with (child custody). Oftentimes, the child will live with one parent, who will thus have physical custody, and the other parent will be granted parenting time (visiting rights). Most frequently, court and parents decide ...

What is joint custody?

Generally, joint legal custody is defined as the parents’ shared right to determine how to raise a child, with specific consideration to day-to-day activities. Parents are expected to make decisions together, without the interference of a court. Those decisions include making educational and medical decisions, such as deciding whether ...

What are parents expected to do?

Parents are expected to make decisions together, without the interference of a court. Those decisions include making educational and medical decisions, such as deciding whether to pursue a particular medical treatment or procedure.

Do courts have to be involved in raising children?

Courts generally do not want to be involved with the decisions pertaining to raising one’s children. However, once involved, courts will always consider the best interest of the child rather than religious, philosophical, cultural and financial ideas of a parent.

What happens if you have joint custody of your child?

If parents have joint custody, then they will both have the right to make decisions about their children. This isn’t easy for parents who don’t see eye to eye. While most issues can be resolved through co-parenting, when situations arise about a child’s medical care, parents might have a hard time coming to an agreement.

Can a medical professional make a decision for you?

A medical profession cannot make the decision for you, but they can give you more information about what will help your child out the most. Doctors know more about the benefits and risks associated with medical care, making them an invaluable resource when it comes to disagreeing on how to treat your child.

What is joint custody?

Joint custody: Both parents have legal custodial rights and responsibilities of the child. If parents have sole custody, they can both make decisions regarding the child’s rights and responsibilities, which include making decisions about the child's legal status, medical care, education, safety, extracurricular activities, religious instruction, ...

What are the rights of a parent with sole custody?

If parents have sole custody, they can both make decisions regarding the child’s rights and responsibilities, which include making decisions about the child's legal status, medical care, education, safety, extracurricular activities, religious instruction, and other major life decisions.

How to make co-parenting work?

To make co-parenting work, separated couples will have to learn to compromise. Try to meet each other halfway, if at all possible. Discuss the pros and cons of both of your opinions, and make a point to figure out which approach is optimal for your kids and their well-being in general. Don't forget that nothing matters more than doing right by your children.

What happens when a spouse disagrees with a parent?

When these spouses disagree about parenting issues, what usually happens is that one parent tends to be more strict and the other parent tends to be more lenient. The strict parent gets angry when the lenient parent allows too much leeway.   The lenient parent gets upset when the strict parent is too restrictive.

What happens when two parents disagree?

When these spouses disagree about parenting issues, what usually happens is that one parent tends to be more strict and the other parent tends to be more lenient. The strict parent gets angry when the lenient parent allows too much ...

Should parents have conversations about child-rearing?

It would be great if parents could have conversations about the specific details of child-rearing, specifically how to handle discipline and behavior issues. However, most parents don’t have a context for this discussion until they are actually raising their own children.

Why do strict parents get angry?

The strict parent gets angry when the lenient parent allows too much leeway. The lenient parent gets upset when the strict parent is too restrictive.   So the strict parent gets stricter and the lenient parents gets more permissive. Now the parents are battling all the time over how to discipline.

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