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With shared custody, can I make a healthcare choice without approval of my son's father?
Anonymous2 views2 answers
My 8 year old son has suffered with chronic ear infections and had tubes put in a few years ago. They have since fallen out and he was doing fine for a while but now he is dealing with ear issues again and it looks like the doctor may recommend tubes again. I would like to take him to a chiropractor as an alternative to see if it helps before going the surgery route again. His father and I share custody 50/50, and his father carries the insurance. His father believes that chiropractors are "fake" and will not support my taking him to one. My question now is, am I allowed to take him on my own? Insurance covers the visit, except for the co-pay which I will pay, but I am worried that he will make a stink because I took our son without his consent.
If you and your ex share "joint legal custody," then all "major decisions" pertaining to your son must be made jointly with your ex, and any disputes must be submitted to the Court (or first to Alternative Dispute Resolution, if that is indicated in your divorce decree or custody order). Such disputes are then decided according to a "best interests of the child" standard. While routine medical care is not a "major decision," the choice of medical care providers and the choice of a course of treatment for a chronic condition are certainly major decisions which require both parties' agreement. Here is an article I've written on legal custody in Minnesota, which addresses this very question, and provides statutory and case law citations if you're interested in reading the controlling law on these points: http://www.minnesotadivorce.com/articles/legal-custody/index.html
If you share legal custody, any important decisions, including medical decisions, must be shared. That means you must have an agreement before taking the child or an Order of the Court. In such instances, you may wish to submit the matter to mediation to determine if a resolution can be reached.
