You and your spouse don’t see eye-to-eye about a lot of things, and that’s part of the reason that you got divorced. One of the things that you commonly disagreed on where the types of medical care that your child would need.
After your divorce, however, things became even more complicated. Who gets to make these decisions? Are you able to make choices for your child that your spouse disagrees with?
Are you sharing legal custody?
Child custody comes in two forms, with physical custody being the one that people often think of first. This determines where the child lives and who they live with. If this custody is shared, for instance, the child may spend one week at each parent’s home.
However, you can also be given legal custody of the child, which is how it is determined that you can make decisions on their behalf. These include medical and healthcare decisions.
If you have sole legal custody, even if physical custody is shared, then you are the only one who can make these medical decisions and your ex cannot. If you have shared legal custody, though, then the two of you both have a right to make these choices and you’ll have to try to find a compromise. In situations where you can’t find a compromise, you may need to go to court to have this determined for you. It is not legal for either one of you to make decisions that infringe on the other parent’s rights.
If you find yourself in a complicated situation, you need to know what legal options you have.