Co-parenting can be a delicate balancing act, and one of the most critical decisions you will face is who gets to make the final call on medical care for your child. The answer can be far from straightforward, especially when you and your ex do not see eye-to-eye. Medical decisions are especially crucial during childhood, as timely and effective treatment can profoundly impact your child’s development and long-term health.
California law provides some guidance, but it is essential to understand your rights and responsibilities as a parent.
Legal custody vs. physical custody: What’s the difference?
In California, legal custody refers to the right to make major decisions for your child, including medical care. Physical custody, on the other hand, deals with where your child lives. When you are divorced, you may have joint legal custody but not necessarily joint physical custody.
Joint legal custody: A shared responsibility
If you have joint legal custody, you and your ex are both responsible for making medical decisions for your child. This means you will need to work together to decide on treatment options, medications and even routine check-ups. While it can be challenging to agree, putting your child’s needs first is essential.
What if we disagree?
Disagreements are inevitable, but they do not have to be deal-breakers. If you and your ex cannot agree, you may need to seek mediation or, in extreme cases, court intervention. A judge will then make a decision based on your child’s best interests.
To make co-parenting medical care easier, remember to communicate openly with your ex about your child’s medical needs and concerns. It is also crucial to establish a clear decision-making process for medical emergencies. Keeping a shared medical record or log can also help ensure you are both on the same page.
If you are unsure about your rights or need guidance on complex medical decisions, consider consulting with a family law attorney who can provide personalized advice and support. By understanding your rights and responsibilities as a parent, you can ensure your child receives the best possible medical care, even in the most challenging co-parenting situations.