Every parent’s worst nightmare is facing a medical emergency involving their child. But for divorced parents, this already difficult situation can become even more fraught with uncertainty. Who has the legal authority to make life-altering medical decisions?
The law prioritizes the child’s well-being above all else
Typically, the parent with legal custody holds the power to make medical decisions for the child. This includes routine check-ups and emergencies. For parents who share legal custody, both have equal rights to make these decisions. But what happens when time is of the essence and only one parent is present?
During medical emergencies, the present parent can provide consent for necessary treatment. This ensures that the child receives immediate care without delays caused by custody disputes. Medical professionals can act based on the consent of the available parent or guardian.
It is important to note that this does not give one parent the right to exclude the other completely. Both parents should be informed about the child’s medical condition and treatment as soon as possible. Communication remains key, even in high-stress situations.
Ensuring a conflict-free life post-divorce for your child
For non-emergency medical decisions, the custody agreement typically outlines the decision-making process. Some agreements require both parents to consult each other before making major medical choices. Others may assign one parent as the primary decision-maker for medical issues.
Divorced parents should review their custody agreement carefully. If the agreement is unclear or does not specifically address medical emergencies, it may be time to revisit and update it.
In cases where parents disagree about a child’s medical treatment, the court may need to intervene. A judge will weigh in on the child’s best interests when making a ruling, which can be time-consuming and emotionally taxing for all involved.
Remember, legal matters can affect a child’s health decisions. It is always wise to seek the help of an attorney before a crisis hits.