Child custody involves a number of issues related to the care of children after their parents are divorced. There are actually 2 kinds of custody, physical and legal. Physical custody is where the child lives, whether full-time with one parent who has sole custody, or for a time with each parent in a joint or shared custody arrangement.
Legal custody generally assigns to one or both parents the legal authority to make decisions about the child’s upbringing. One of the issues involved in child rearing is medical care for the child. This topic, in turn, encompasses several others. For example, one issue is who provides the health insurance for the child. Another issue is who pays for it. Another significant issue is what type of care should be provided to the child.
Typically, a custody order states which parent pays for health insurance. It would further address how parents would pay for medical costs that insurance does not cover. Who pays for pharmacy coverage is also an important issue that a final divorce decree might address.
An additional issue is whether one or both parents have the final say on major medical decisions. This can be especially important if their child has an existing medical condition, such as diabetes, asthma or a heart condition that is certain to necessitate a future surgery.
If a child has existing medical conditions, it would probably be wise for parents to plan ahead and develop a plan for future care that would include how the cost of future care would be paid. For instance, the parents could include an order in their final decree of divorce that both parents agree to pursue a specific heart surgery for the child’s condition. This would eliminate the possibility of a dispute about whether the child needs surgery at a later date.
What Is the Impact of Custody Arrangements on a Child’s Healthcare?
In most cases, the medical aspect of a child custody order is left open. One parent, usually the parent who has primary physical custody, is given the power to make the final decisions about medical care if the parents are not able to agree.
Even if custody is joint or shared, one parent would probably be given the authority to make final decisions in the event the parents cannot agree. This is because, as a practical matter, in the final analysis a decision has to be made one way or the other.
However, it is possible to request a final divorce decree that contains more detailed orders about medical care for a child, such as the following:
- The circumstances that warrant taking the child to a doctor;
- A list of approved physicians, and
- A requirement that parents share information about any doctors’ visits and disclose the child’s medical records within seven days of any doctor visit
How Does a Court Make Decisions Regarding Healthcare in Child Custody Cases?
A court is going to decide issues related to the medical of a child in the same way it decides all custody issues. Courts apply the “best Interest of the child” standard. A court is going to make decisions that serve the interest of the child regarding how they can receive the medical care they need.
A judge is going to view parents through the lens of whether they are able to meet the child’’s need for medical care, for both the physical and mental health issues the child may have. So, a judge would inquire about a parent’s competence to provide medical care for a child, but a judge’s inquiry would not stop with that issue. A judge would also assess a parent’s willingness to make medically appropriate decisions.
This is going to be a judge’s key consideration. A judge will make decisions on the basis of each parent’s willingness and ability to meet a child’s need for medical care.
Is Co-Parenting and Communication Important in a Child Custody Case?
Courts often stress the importance of former spouses participating together in the rearing of their child. They respond favorably to the parents communicating to the extent necessary to ensure the well-being and best interest of the child.
In most cases, child custody decisions favor situations in which both parents share making the major decisions about the care of their child. Courts would reward parents who openly, honestly and straightforwardly about important issues including the medical care of the child. A court would view communication of this type as being critical to a child’s well-being.
Of course, in the area of medical care as well as other areas of child custody, parents can make their own agreement about how to manage their child’s medical care. They may choose to designate one parent to conduct most communication with the child’s health care providers and take the child to medical appointments. Of course, this parent would want to keep the other informed.
Which Parent Can Choose Healthcare Providers?
Again, if one parent is awarded sole legal custody of a child, that parent generally has the right to choose the child’s healthcare providers. Of course, the parent may wish to consult the other parent about possible options.
Again, both parents should keep in mind that ensuring the child’s well-being through healthcare decisions would be a paramount concern, and parents would want to make sure that they act in a way that serves that goal.
What About a Child’s Medical Records?
Again, if one parent is given sole legal custody, that parent makes the decisions about medical care for the child. However, in some states, the law gives the other parent the right to access all of the child’s education, medical, hospital and other health records.
A court might deny the non-custodial parent access to their child’s health records if good cause is shown. But that would be the exceptional case, perhaps one in which the non-custodial parent is guilty of child abuse.
What If Parents Plan to Share Custody?
If parents plan to share custody, they may want to plan how to manage medical care. They probably want to coordinate with one another who would do what and how they would handle emergencies. They would want to plan for consistency of care and ensure follow-through.
Can Medical Neglect Lead to a Change in Custody?
Of course, it is possible for a parent to fail to provide adequate medical care for their child. This might be true if the parent has sole physical custody or sole legal custody. If a parent should fail to provide adequate care for their child, they may be guilty of medical neglect, which could take the form of the following:
- Refusing to seek medical assistance in a medical emergency;
- Refusing to plan for payment of the cost of necessary treatment without good cause;
- Ignoring the advice of a licensed physician after they are consulted;
- Refusing or failing to give the child medication that a licensed physician has prescribed.
For example, a parent might fail to seek treatment for a child who has a worsening fever. Or, a parent might take the child to a doctor, but then fail to give the child the medicine that the doctor prescribes. If these behaviors lead to a worsening of the child’s medical condition, it can rise to the level of neglect. Medical neglect can involve mental health issues as well as physical issues.
If a court determines that medical neglect on the part of a parent has been provide, it can rise to the level of child neglect or child abuse. The guilty parent might lose legal custody and their physical custody limited.
Do I Need the Help of a Lawyer for My Medical Care in a Child Custody Case Issue?
If you have an issue with medical care in your child custody arrangement, you want to consult a family law lawyer for guidance. If you are in the process of getting divorced and anticipate having problems with your spouse about medical care, you want to tell your family law lawyer about your concerns so they can be addressed before your divorce becomes final.
If you have been responsible and collaborative regarding medical care with your ex-spouse, but issues have developed, again, you want to consult a family law lawyer. Your lawyer can review the facts of your situation and help you negotiate a solution or seek a solution in court if necessary.
