QUESTION
I share joint legal custody with my child’s other parent, but we can dont agree on medical treatment. What happens then?
Asked on Oct 28th, 2017 on Child Custody - Florida
More details to this question:
My son has severe cystic acne and has seen several doctors all advising the same course of treatment. My ex does not agree with the treatment plan. Can I decide to treat him as advised by the doctors or does his father have to agree?
2 ANSWERS
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Generally speaking, if you have shared parental rights and responsibilities with the child's father, that means there must be joint decision making on all major matters concerning the child's health, education and welfare. Howver, in an emergency situation, either parent may likely be allowed to make a decision on thier own, and immediately inform the other parent, after which joint decision-making should resume. If it is not an emergency, but the treatment is still medically necessary, and the other parent is unreasonably not agreeing, then a motion must be filed with the court to allow the treatment to take place. If you were to proceed with treatment without the other parent's agreement, then you run the risk that the other parent will not pay their fair share for the treatment, and might possibly file their own motion alleging that you violated the joint decision-maiking requirements of shared parenting. Ultimately, regardless of which parent files the enforcement motion, if the court agrees that the treatment was medically reasonable and necessary, then the court likely will not sanction you for going forward over the father's objection and will require the father to pay his fair share for the treatment.
Answered on Oct 30th, 2017 at 8:50 AM
Dear Ms. Kramer:
You say you share "joint legal custody." Do you mean you have a parenting plan wherein you have "shared parental responsibility?"Since we do not use that term any more in Florida law, I just want to make sure you are referring to the concept of shared parental responsibility, wherein both parents are supposed to agree on all major decisions.
If you, in fact, have a parenting plan that does not designate one or the other parent to make ultimate decisions in the event there is no consensus, then, legally, you must resort to the courts to break the tie. However, a court could say, well, if there is no agreement, then there will be no treatment. Candidly, it depends on the judge.If you do not get consent, then the father could take you to court to have the treatment stopped.
I know how difficult such a decision can be, and I am guessing the doctors have suggested a specific medication that is not only expensive, but must be monitored when a child takes it. My "non-legal" suggestion is that you have the father go with his son to the doctors who have made the recommendation and let him speak directly with them. I am sure that if your son explains how he wants the treatment that maybe dad will see the light for his son's best interest.
Best of luck,
Cindy S. Vova
Law Office of Cindy S. Vova, P.A.
Broward/Boca Raton
954-316-3496/561-962-2785
info@vovalaw.com
Answered on Oct 29th, 2017 at 7:04 PM