If you require legal guidance or representation, turn to the
child custody lawyers at
The Arnold Law Group, APC. Our legal team has over 30 years of collective legal experience and a
comprehensive understanding of the laws and regulations that encompass
the field of family law.
Contact us today.
In California, “joint legal custody” means that both parents
have a say in any decisions relating to their child’s health, education,
and general welfare. However, many parents believe they naturally have
this authority even if they were only awarded “physical custody.”
As the term implies, physical custody relates to a child’s practical
living situation. While this parent has a legal right to their child’s
time, they don’t necessarily have any input when it comes to medical
decisions.
But what happens when parents with joint legal custody disagree on their
child’s medical care options?
Joint Custody Means Making Medical Decisions Together
Choices have to be made–and made quickly–in an emergency situation.
But you and your ex do need to discuss and even compromise when it comes
to annual checkups, medications, medical care providers, and general medical
care choices. For example, if your child contracts a serious illness or
disease, you can’t start making choices without consulting your
ex. When it comes to joint legal custody, both parents need to be 100%
involved in the decision-making process.
Communicating with your ex can be a difficult and frustrating activity,
especially when your child is sick or requires a serious medical procedure.
Even so, you can’t weaponize your child just to contradict your
ex’s choices. For example, let’s say your child has an accident
and needs a special surgery. Your ex talks to the doctor and schedules
the procedure without discussing it with you first, presuming that you
would be on board. Caught out of the loop, you understandably want to
discuss the surgery with the doctor yourself, and maybe explore alternative
options or second opinions. This is absolutely understandable and within
your legal right, but it could naturally lead to friction with your ex.
Co-parents often find themselves in heated arguments when they believe
the other is overstepping their rights or being purposefully antagonistic
as a point.
What you both need to remember is that your child is your top priority.
By discussing the situation with a level head, you can arrange a joint
phone conference with the surgeon to alleviate your concern and keep your
ex involved. If you two keep fighting about your child’s health
care options, you may find yourself back in court and waiting for a judge’s
final determination. In a worst-case scenario, your ex may use this opportunity
to file an emergency application and request full legal custody because
you’re delaying your child’s surgery. While you and your ex
duke it out, your child isn’t able to have that surgery they need.
In this circumstance, your best option is to think of your child’s
health and make compromises with your ex. The only exception, of course,
is if you truly believe your ex’s choices are actively harming your
child. For instance, if your ex’s religious or personal beliefs
reject life-saving prescriptions or surgical procedures, you should absolutely
seek legal guidance on behalf of your child.
Follow these steps to establish an amicable co-parenting relationship with your ex:
- Keep your ex updated on doctors appointments and checkup results.
- Allow your ex to be present for important doctor appointments.
- Talk to your ex about downloading a co-parenting app so that you can share
updates and stay on the same schedule.
- Outside of an emergency situation, don’t make any important medical
decisions without your ex
- If there is an emergency situation, contact your ex as soon as possible
- Alternatively, don’t react negatively if your ex makes an emergency
health care decision for your child
- Schedule monthly phone calls or coffee meetings to discuss your child’s
health care and general needs
You can’t control another person’s behavior. You can follow
these steps and still find yourself left in the dark when your child is
in your ex’s care. The best thing you can do in this circumstance
is calmly discuss your feelings with your ex and try to establish common
ground so that you’re both kept in the loop. However, if your ex
keeps denying your legal custody rights, contact the
Fresno child custody attorneys at The Arnold Law Group, APC.
Fight for your child’s best interests.
Call The Arnold Law Group, APC at (559) 900-1263 to schedule a consultation.