Children often do not have the ability to make their own medical decisions. Young children do not fully understand their own medical needs or the procedures being carried out. While they are minors, their parents are in charge of making those decisions for them.
For example, when a married couple has a newborn, they will usually work together to decide what type of care the child gets from the pediatrician. This could include going to checkups, getting vaccines, authorizing the use of certain medication during illness or authorizing emergency treatment if the child is injured.
But how do parents make these same decisions if they have already gotten divorced?
Co-parents with legal custody rights
For co-parents, the key is to carefully consider the custody arrangement that was set up during their divorce case. It should address both physical custody and legal custody. While physical custody determines where the child lives, legal custody governs which parent has the right to make certain decisions about healthcare, religion, finances, education and much more.
In some cases, one parent has legal custody, and the other does not. That parent can make medical decisions on their own.
In most cases, though, both parents share legal custody rights. This means that they still have to make joint decisions, working together the way they would when they were married. If they cannot come to a decision on their own, the case may need to be resolved before a judge.
Situations like this can become very complicated after a divorce, and differences in opinion can grow contentious. It is crucial that parents understand their legal rights and what steps they can take.
