QUESTION
Is it possible to agree, to give the other parent a say in medical decisions without giving the parent legal custody?
Asked on Oct 18th, 2012 on Child Custody - Georgia
More details to this question:
Other parent was abuse in marriage, also stalked me after the separation, I have had previous restraining orders against other parent, other parent was accused of sexually abusing my child (not his biological child) but was never convicted. His record is expunged. All these issues are between 6-7 years old. My daughter is still afraid of him, even though now she is 15 years old, she is not part of this recent custody modification my ex filed for. Can I ask or request in some way, that I am willing to notify him in a timely manner of medical issues and allow him to has a say in medical treatment rather than give him legal custody on paper? ( he filed for visitation modification and legal custody ) at this moment I have sole legal custody w. the other parent having supervised visitation at once a month , which this order is about 10 years old.
10 ANSWERS
Steven D. Dunnings
No.
Answered on May 21st, 2013 at 2:21 AM
Mediation Attorney serving Bloomfield, NJ
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Cassandra T. Savoy, PC
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Yes.
Answered on May 21st, 2013 at 2:16 AM
Alternative Dispute Resolution Attorney serving Chandler, AZ
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Cox Sandoval Law, PLLC
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I would not agree to changing legal decision-making authority with regards to medical issues, as the laws are changing in January. The word custody is disappearing and it will simply be "decision-making". So by you agreeing to give him decision-making authority on medical issues, it is essentially the same thing as changing legal custody as to that issue. You can however agree to provide notice of medical appointments (and he has every right to attend them if he chooses) within a certain time period.
Answered on Oct 23rd, 2012 at 7:25 AM
Civil Attorney serving Spokane, WA
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Glenn E. Tanner, Attorney at Law
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That's a reasonable proposal to make.
Answered on Oct 22nd, 2012 at 10:32 PM
I would advise you to seek counsel o this issue. While You can allow your ex to have a day on medical issues, you may be opening a Pandora's box which could lead to an award of legal custody to your ex. Joint legal custody only works if both parties work well together in their decision making process for the child(ren) and you are both willing to agree on most issues. . . otherwise I would advise against an agreement for joint legal custody.
Answered on Oct 22nd, 2012 at 10:10 PM
Cohabitation Agreements Attorney serving Cincinnati, OH
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Cathy R. Cook, Attorney at Law
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In Ohio, you can both have legal custody, and decision making power, through shared parenting. With shared parenting, you can both have decision making on all important issues, including medical decisions, or you can limit joint decision making to medical decisions. If you prefer to retain sole custody, you could, as you suggest, relinquish you sole power on just that one issue.
Answered on Oct 22nd, 2012 at 10:08 PM
Michael Paul Vollandt
Legal custody mean that each parent has a say so with the minors health, education, and general things that married parents enjoy equally. Legal custody do not have any relation to physical custody that sets out the time share where each parent has the children.
Answered on Oct 22nd, 2012 at 9:59 PM
Divorce/Family Law Attorney serving Carlsbad, CA
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Anne B. Howard, A Professional Law Corporation
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Yes you can agree to notify him of medical issues but not agree to him having a right to make decisions. With the background I suggest you hire an attorney. Judges don't remember cases and you need the right information presented.
Answered on Oct 22nd, 2012 at 9:43 PM
Probate Law Attorney serving Colorado Springs, CO
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John E. Kirchner
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If your current custody arrangements have been established in Colorado you need to understand that Colorado now uses the terms "allocation of parental responsibilities" and "parenting time" instead of "custody" and "visitation". If your case is in Colorado, the statutory scheme separates "decision-making" responsibility from "residential responsibilities" and the parental right to be involved in major decisions, including medical treatment, has nothing to do with where the child lives or how much time he/she spends with the other parent. So, especially when there is an agreement for both parents to be involved in medical decisions, there is nothing to prevent what you want to do. If you are in another state, it is probably also acceptable but you need to consult an attorney who knows the law of the state you live in.
Answered on Oct 22nd, 2012 at 9:09 PM
Family Law Attorney serving Atlanta, GA
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Law Offices of Dana A. Azar
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Yes, this is possible. The agreement can state that the parties must discuss medical decisions and try to arrive at an agreement. If they cannot agree, then one party has the tie breaking authority OR The agreement can give each parent tie breaking authority in some of these areas: Education, religion, health and Education. Health can be broken down into mental health issues and physical health issues.
Answered on Oct 19th, 2012 at 9:49 PM