Understanding Joint Parenting Agreements And Health Care
One of the most difficult parts of a divorce can be working out which parent gives primary care to your children, and one major aspect of child care is the ability to make important medical decisions on behalf of your children. This point is usually covered in the joint parenting agreement you draft with your spouse and the official custody order issued by the courts. It is imperative that both parents understand how these documents affect your parental responsibilities.
The Official Custody Order
In most official custody rulings, two types of custody are examined. Legal custody refers to which of the parents have the authority to make important decisions regarding the child. These decisions include education, religious upbringing, and medical care. Separate of legal custody is physical custody, which determines where the child resides and what type of visitation rights the parents may have.
Both legal and physical custody may be jointly shared by both parents or awarded to only one of the parents. Often times, joint legal custody is awarded when the parent who does not have physical custody of the child is required by the court to pay for medical expenses. While this usually benefits the child by allowing both parents to consent to necessary medical treatment, it can create conflict if the parents have differing views on health care.
The Joint Parenting Agreement
The joint parenting agreement is a contract between both parents that is usually drafted with a the help of a lawyer. Most often, this agreement becomes part of the custody ruling. It contains more specific duties and responsibilities for both parents and can help prevent parenting conflict when the parents share joint legal custody.
How much responsibility you share in the joint parenting agreement is up to you. However, it is often easier if one parent clearly has the final say regarding medications and medical treatments. This may be the parent who has a greater portion of physical custody or it may be the parent who is paying for the child's medical expenses. In addition to outlining who has the final authority to make major decisions, you may include specific medical situations. For example, both parents may be allowed to access the child's medical records and take the child to routine medical and dental visits. However, decisions about orthodontics, surgery, and long-term medications may be granted to one parent.
​Extenuating Circumstances
Sometimes, changes in your beliefs or medical knowledge may change, and you or your spouse may contest the current joint parenting agreement. For instance there is a current ongoing debate between two parents and their attorneys over the circumcision of a boy in Florida. In these cases, even very specific details outlined in the joint parenting agreement may be overturned.
However, it is more common that the court will either appoint a neutral third party to make decisions the parents cannot agree on or demand that the parents go to court appointed mediation. It is only in very serious cases that the court steps in and makes an immediate ruling.
If there are conflicts regarding medical care, they can result in a change of physical custody or visitation rights. This most commonly occurs if a parent refuses to give regular doses of prescribed medication during visitations and the child may be harmed or incur greater medical expenses by the break in medication.
If you and your spouse have conflicting medical beliefs, it is very important for you to work with a lawyer to arrange a detailed joint parenting agreement. Even if you currently share the same beliefs as your partner, it is important to realize that your beliefs may change in the future and take steps to minimize conflict regarding your child's medical care. Check out sites like http://www.madisonlf.com for more information.