Sharing custody doesn’t just require a schedule for exchanges. It also requires regular communication, as parents typically share legal authority over their children. Shared legal custody is common in cases where parents also share physical custody or parenting time.
Generally speaking, there is an expectation that parents should communicate with one another about their children and try to reach agreements regarding critical parenting decisions. Parents generally have authority over the medical care that their children receive. However, differences in personal values or religious beliefs may mean that parents do not have the same priorities when their children need support.
Which parent usually has the authority to make major medical decisions in a shared custody scenario?
Agreements are the optimal arrangement
Ideally, both parents can agree on which physician is the child’s primary care doctor and what types of medical support they require. Occasionally, parents may negotiate custody arrangements that include final decision-making authority in specific scenarios. The parent who has stronger religious beliefs or more overall parenting time may sometimes have the final decision-making power in cases where there is a dispute.
If the parenting plan does not delegate that decision-making authority, then the parents may have to evaluate medical decisions on a case-by-case basis. Typically, each parent has authority during their own parenting time. If a child sustains a dog bite while with their father, their dad can choose what doctor to take them to and what pharmacy fills their prescription.
Both parents generally have authority to make decisions in emergency scenarios and choices with only short-term implications during their own parenting time. However, decisions with long-lasting implications may require the consent of both parents. Disagreements about mental health support or even cosmetic treatments could lead to disputes between parents.
In such cases, the matter may need to go before a family law judge. When judges rule on parenting issues, their priority is to set terms that are in the best interests of the children. In medical decision-making disputes, judges may consider factors including the current and future health of the child and best practices in the medical field when settling a disagreement between parents.
Those establishing their initial custody orders, or otherwise trying to negotiate a parenting dispute, may require support. Consulting with an attorney can help people understand their legal custody rights and more effectively recognize when a custody modification may or may not be necessary.