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.
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 happens when parents disagree on medical decisions?
If your child's legal custodian refuses a life-saving or life-improving medication, surgery, vaccine, or other medical procedure and you disagree, you can petition the court for intervention.
Do parents have the right to make medical decisions?
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.
When parents disagree with doctors on a child's treatment who should have the final say?
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. In these instances, parents typically must come to an agreement regarding medical decisions.
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.
When can doctors override parents?
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.
Do both parents need to consent for therapy in CA?
In California, children who are twelve years of age and older can in broad circumstances consent to mental health treatment without parental consent or approval.
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 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 withhold medical information from their child?
Under some circumstances, respect for patient autonomy can paradoxically support withholding medical information. If a patient expresses a desire not to know all or some medical information, then the physician should respect that decision and withhold that information [21, 22].
Do you think that parents should have the right to reject medical treatment for their children on the basis of 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.