Can I make healthcare decisions for my child?

Making healthcare decisions for your child when you and your ex-spouse disagree on treatment options can be arduous. Putting your child on a new medication or getting them vaccinated can cause long and unnecessary complications with your child's health. Many things play into healthcare like treatment, service, diagnoses, a procedure to maintain specific ailments or physical conditions. We can provide know-how on what to expect from the healthcare decisions process.

Joint legal custody requires consent from both parties.

If you have joint custody with your ex-spouse, you and your spouse share physical and Legal Custody. The difference between physical and legal custody refers to what guardian the child will spend most of their time with and what guardian will be responsible for making decisions for the child's health and well-being. When discussing your child's health care and treatment options, understand that you need consent from your ex-spouse if you want a change or add a new healthcare-focused treatment, service, diagnosis, procedure to maintain specific ailments or physical conditions. If you can't receive permission from the other parent or guardian, the child can not accept that healthcare option. 

Can I get my child vaccinated?

Vaccination is no small topic nowadays; many institutions require children and young adults to have vaccinations to enroll in K-12 education and college-level courses at university. Disputes over vaccination are prevalent in court. We have an extensive article regarding action to ensure the "best interest of the child" when altering arrangements to the legal custody agreement for your child. 

Seek Mediation 

If legal guardians can come to a consensus when deciding health care options, no issues arise. However, seek mediation if you and your ex-spouse can't land on the same page about their child's treatment or healthcare plan. For example, suppose the proposed treatment, medication, or procedure serves to be instrumental to your child's health. If it were a life-saving or life-improving health care decision, your ex-spouse should favor it. If not, you can alter the custody order using court intervention. More often than not, courts will rule for a judge to hold a trial or hearing from both legal guardians so they can provide a case and reason for the healthcare decision for their child. In many cases, the input of the child's doctor holds a vast amount of weight in determining the final say from the judge. 

Let Us Help You Reach The Right Decision  

Deciding what's best for your child is always priority number one for parents or legal gardens. Letting a New Mexico lawyer help you with the process of developing a case will keep everyone healthy with less stress and more results. Let the experienced child custody lawyers at Genus Law Group work with you to get the best possible outcome for you and your family. Call 505-317-4455, contact us, or chat with someone live using our website chat function to start solving your problem today! Some other related material that might improve your understanding of the divorce or divorce process is listed on our website at the divorce process or how much a divorce will cost.

Anthony Spratley
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Experienced Divorce, Child Custody, and Guardianship Lawyer Serving Albuquerque and Beyond