What if you and your ex disagree about medical care for the kids?

 Posted on July 15, 2022 in Child Custody

Decisions about the medical treatment that people receive are deeply personal. Your sense of ethics, your religion and personal history with medical professionals may all influence what care you choose to receive. Your preferences may also have an impact on what medical care you want your children to receive.

If you and your ex have differing ideas about the right treatment for your children or even what medical professionals should provide their care, how can you resolve those issues in a shared custody scenario in Texas?

Your parenting plan will talk about medical care

Whether the Texas family courts create a parenting plan or approve one created by the parents, there will typically be a section within the document discussing decision-making authority. It is common for parents to share such authority.

For example, either parent will have the authority to make choices about emergency medical care when a child needs treatment unexpectedly during their parenting time. In non-emergency situations, parents will typically have to communicate with one another and reach an agreement about what is best for the children.

If the parent cannot agree, the parenting plan may declare one of them to have the final authority in such decisions. If you disagree with the action begins regarding your children’s medical care or if you believe that your ex has not upheld their best interests, then you may want to go back to court for custody modification.

You can ask for medical authority

When one parent fails to act in the best interests of the child in regard to their medical care, the other parents can potentially ask for a modification of the parenting plan.

If the courts agree that the parent with medical decision-making authority has made questionable decisions or put their wishes ahead of what is objectively best for the child, they may issue an injunction preventing certain kinds of treatments or a court order requiring medical care. The judge can also modify the existing custody order to change who has the final say in medical situations.

Understanding how Texas handles custody issues like medical decisions for children can empower parents to better protect their kids.