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What Happens When Divorced Or Separated Parents Disagree Over A Child’s Medical Care?

On Behalf of | Oct 24, 2022 | Family Law

Maybe your ex has started complaining about vaccinations and immunizations. Perhaps they vehemently oppose proper mental health counseling. You can ignore their preferences when they only affect their health, but when you share a child, the medical preferences of another person can have a direct impact on your life.

You obviously want your children to be healthy and happy, and it is your job as a parent to use your legal authority for the benefit of your children. You choose what medical care they receive to provide them with the best life possible. What happens if you and your ex disagree about what kind of medical intervention or support your child should receive?

Your parenting plan may have a clause on the issue

Decision-making rights or legal custody are among the parenting issues carefully outlined in a Texas custody order or parenting plan. It is common for judges to expect that parents will fully share parenting time and legal decision-making authority.

You have to communicate with one another about your child and cooperate when it comes to making major decisions. However, if you believe that your child with slipping grades and a lot of attitude should see a counselor but your ex says that therapy doesn’t help struggling teenagers, you might find yourself at an impasse.

What happens when you share custody and cannot agree?

You can go back to family court

If you are unable to cooperate with one another and if your parenting plan either does not designate one parent with final decision-making authority or you want to override those terms, you may need to go back to family court.

The more documentation you have supporting your preference on this particular medical issue, the better your chances of convincing a judge that the treatment you want your child to receive would be in their best interest.

Your ex will likely also try to prove their position. If a judge agrees with you, they could rule on a specific treatment matter or even potentially give you more legal custody so that there won’t be future disputes about how the two of you divide that crucial decision-making authority.

Understanding your rights and responsibilities as a Texas parent sharing custody will help you do what is right for your children even when your ex doesn’t agree with you about what that is.