When parents are married, if a child needs a certain type of medical care, either parent has the ability to authorize that care. This could include things like having certain laboratory tests carried out, getting vaccinations as an infant or being scheduled for surgical procedures, doctor’s appointments or mental health care.
But after parents get divorced, they are not necessarily with the child at the same time. If the child needs medical care, who has the ability to decide what care they should receive and work with the medical team?
The parent with legal custody
Generally speaking, only a parent who has legal custody can make medical decisions. It is important to understand the differences between physical and legal custody and how they have been divided in the divorce.
Sometimes, just one parent will have legal custody, and the other will not, so that parent can make choices independent of their ex’s wishes. In other cases, parents will both have legal custody rights. This means that they need to consult with one another and work together to make medical decisions for the child.
There are sometimes exceptions in an emergency. If a child suffers injuries in a car accident and needs to be rushed to the hospital, for example, either parent can likely make that decision on their own. But outside of emergency situations, they need to defer to the parent with legal custody rights.
Child custody issues
First and foremost, parents need to be aware of how custody is divided during divorce. If disputes or conflicts arise after the fact, they also need to know what legal steps they can take.