When children are minors, their parents have to make medical decisions for them. Young children often get vaccines, for example, so the parents can choose which ones they want to approve. A child who suffers an injury may need emergency treatment, such as if they break their arm in a fall or a car accident. Their parents will work with the medical team and authorize the correct treatment.
When parents are married, they make these types of decisions together. But what happens if you and your spouse are divorced? As co-parents, which one of you gets to make these important healthcare decisions?
Your legal custody rights
It likely depends on how child custody rights were split up when you and your former spouse decided to end your marriage. On one hand, the court can divide parenting time or physical custody rights, determining when your child will live with you. But they will also split up legal custody rights, and these define who has a right to make medical decisions, religious decisions, educational decisions and much more.
In some cases, the court will assign sole legal custody rights to one parent. If a medical decision is necessary, that parent gets to make it.
But in other cases, the courts can split legal custody rights between both parents. This often means that you and your ex will have to work together and agree on what type of treatment to authorize. Naturally, this can lead to disputes if you believe a certain treatment is necessary and your spouse refuses to go along with it, so this can be a complex situation.
The legal process
If you find yourself in a dispute or a conflict over who gets to make a certain decision, or if you believe that your parental rights have been violated because your ex made a decision without consulting you, then it is critical to understand the legal options you have as you move through this process.