Parents who are going through a divorce will have to determine who is going to make what decisions for the children. In some cases, the parents will work as a team to do this, but that’s not always possible.
Medical decisions are usually covered under legal custody or decision-making. This is what gives a parent the authority to make major decisions for a child. One of the areas in this is medical care decisions.
How is legal custody decided?
In Minnesota, legal custody is decided by the parents coming to a mutually agreeable decision or through a court order. If the court has to step in, the best interests of the child are the basis for every decision. It considers several factors to determine this. Those factors include:
- Each parent’s role in caring for the child
- The relationship between the child and each parent
- The child’s needs
- Any safety concerns
- The ability of each parent to support the child’s relationship with the other parent
Based on what the children need, the legal custody can be granted to only one parent or it might be shared between the parents.
What medical decisions are included in legal custody?
When joint legal decision-making is ordered, the parents don’t necessarily have to discuss every matter. Certain routine medical care, such as taking the child to urgent care or giving them approved medications, doesn’t require permission from both parents. Instead, the parent who has the child with them can make those decisions. Larger decisions will require joint input.
If one parent has sole legal custody, that parent doesn’t have to speak to the other parent about anything. Instead, they will make decisions about everything from medical providers and treatments to vaccines and therapies.
Legal decision-making is only one thing to consider when parents divorce. Creating a comprehensive parenting plan can help ensure both parents are on the same page about how to raise the children. It may be beneficial for them to work with someone familiar with these matters so they can get everything covered.