If you share custody of your children with your ex, who gets to make medical decisions about the children? Should they receive vaccinations? Should they get their tonsils removed? These are important medical decisions that parents need to make. However, when those parents are divorced, it can be difficult to know who gets the final say.
In Georgia, the courts believe that both parents should be involved in their children’s lives as much as possible. Because of this, many Atlanta couples share custody or have joint custody together. There are two types of joint custody: physical custody and legal custody.
Joint legal custody means both parents are responsible for making important decisions regarding their child’s upbringing and well-being. This includes decisions about the child’s education, medical care, religious upbringing, and general welfare.
Who Makes Medical Decisions in Joint Legal Custody?
If you share custody with your ex, both of you must make important medical decisions about your children together. With joint legal custody, both parents have an equal say in determining and approving medical treatments, procedures, and care for their child.
What Types of Medical Decisions Do You Need to Make Together?
Different types of medical decisions that parents with joint legal custody need to make together include:
- Routine Medical Care: This includes decisions about vaccinations, annual check-ups, and minor illnesses. Parents should discuss and agree on healthcare providers, clinics, and schedules.
- Specialist Care: If the child needs to see a specialist for a particular condition or issue, both parents should be involved in selecting the specialist, discussing treatment options, and making decisions about ongoing care.
- Emergency Medical Care: In a medical emergency, both parents should be notified and consulted immediately. Decisions about surgeries or treatments should ideally be made jointly or with input from both parents. In urgent medical situations where immediate action is required, the parent present with the child may make immediate decisions, but the other parent must be notified as soon as possible.
- Prescription Medications: Decisions regarding prescription medications, including their necessity and potential side effects, should be made through mutual agreement. Both parents need to be informed about the child’s medication regimen.
- Mental Health Care: If the child requires mental health counseling or therapy, parents should collaborate on selecting a therapist and discussing treatment plans.
- Surgical Procedures: Any non-emergency surgical procedures, whether elective or medically necessary, should be decided together. This includes weighing the risks, benefits, and potential long-term effects.
- Health Insurance: Decisions related to the child’s health insurance, such as selecting a plan and managing medical bills, require input and coordination between both parents.
What To Do If You and Your Ex Don’t Agree on a Medical Decision?
Perhaps you want to vaccinate your child, and your ex is against it? Maybe they want to take your child to a psychiatrist, and you’re opposed? Sometimes, you just don’t see eye-to-eye with your ex about what is best for your children.
When this happens, the first step in resolving a disagreement about a medical decision is to sit down and discuss the issues. It’s important to listen actively to each other, even if you disagree, to fully understand the underlying issues.
If direct communication does not lead to a resolution, consider involving a mediator. A qualified mediator can help facilitate discussions between you and your co-parent, providing an unbiased perspective and assisting in finding common ground. Mediation is often a more amicable and cost-effective alternative to going to court.
It may be helpful to consult with healthcare professionals involved in the child’s care, such as the child’s pediatrician or specialist. Their expert opinions and recommendations can provide valuable insights and guidance, potentially swaying the decision in one direction.
When you can’t reach an agreement with your ex about your child’s medical treatment, you may need to go to court. The court’s primary consideration will always be the best interests of the child. The judge will weigh the arguments and evidence presented by both parents, the child’s age and preferences (if applicable), and expert opinions to make an informed decision.
Talk to an experienced Atlanta child custody attorney at our law firm to understand your rights and legal options.
Contact Our Atlanta Child Custody Attorneys
At Hobson & Hobson, P.C., we know you want to do everything you can to safeguard your parenting rights during a divorce. That’s why we work tirelessly for our clients from the start. We will fight for joint custody whenever possible so that you can remain an integral part of your children’s lives. Our experienced Atlanta child custody lawyers can help you explore all your legal options and protect what you value most.
To schedule a consultation, please call us at (770) 284-6153 or fill out our confidential contact form. We are here to help you simplify the divorce process and take the burdens off of your shoulders.
Attorney Sarah Hobson at Hobson and Hobson, P.C. are powerful advocates for those who fight for better futures for those going through divorce and custody law matters.