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Who determines medical matters for your child when you divorce?

On Behalf of | May 11, 2022 | Uncategorized

When you are married, and your child gets injured or falls ill, you typically work together as parents to get your child the medical care they need.

Once you divorce, things can become more complicated. The important thing is still to do what is best for your child. Yet you might not agree on what this is, and personal differences of opinion can make getting your child the treatment they need more complicated. For example, if one parent is anti-vaccine, or one parent has specific religious beliefs that they believe forbid certain treatment for your child.

What does Florida law say about this?

State law says that you must consider your child’s health care when creating your parenting plan. You need to decide who will be responsible for all sorts of health care decisions as well as who will pay. Typically you would both keep the right to decide, but there are exceptions.

What if my co-parent gives my child medical care that is against my wishes?

Hopefully, it will never come to this. If it does, you might need to go back to court and ask a judge to consider the matter. Custody agreements are legally binding, so if yours says that both parents need to give permission, then going ahead without the permission of one parent would be a breach. There will, of course, be circumstances where one parent has little choice, for instance, if it is an emergency and they cannot get a hold of the other parent to ask.

If you feel differences over health care may be an issue, get legal help to work out how best to cover them when creating your parenting plan.