Which parent can make medical decisions?

Adult patients have the moral and legal right to make decisions about their own medical care. Because young children are not able to make complex decisions for themselves, the authority to make medical decisions on behalf of a child usually falls to the child’s parents.

Do both parents have to agree on medical treatment?

But in most cases, parents share joint legal custody. In these instances, parents typically must come to an agreement regarding medical decisions. It’s important to note that in medical emergencies, either parent may be able to make urgent medical decisions on their own according to their best judgment.

What does joint legal custody mean in Maryland?

Joint Legal Custody is where the parents work together and share the care and control of the upbringing of the child, even if the child has only one primary residence. Each parent has an equal voice in making decisions.

What does joint medical decision making mean?

Joint legal custody means that both parents can make medical decisions regarding the child’s medical care. For instance, in a joint legal custody the parents may choose to give one parent authority on health decisions, but both parents participate in all other major decisions, like education.

What is considered a medical decision?

We developed the following definition of a medical decision: ‘A verbal statement committing to a particular course of clinically relevant action and/or statement concerning the patient’s health that carries meaning and weight because it is said by a medical expert’.

What if 2 parents disagree on medical treatment?

If a parent refuses to give consent to a particular treatment, this decision can be overruled by the courts if treatment is thought to be in the best interests of the child. In cases where 1 parent disagrees with the treatment, doctors are often unwilling to go against their wishes and will try to gain agreement.

Can a parent refuse medical treatment?

In the United States, adults can refuse any medical care, as long as they’re competent to make their own decisions. But it gets complicated when parents deny treatment for their children, especially when religion is involved.

Do you have to pay child support if you have joint custody in Maryland?

If both parents have joint legal custody, they both share that decision making right. In order for physical custody to be shared, both parties have at least a minimum of 128 overnight visitations (or 35\% of the year) and both contribute to the expenses of the child in addition to any award of child support.

What are the rights of a parent with joint legal custody?

With respect to joint legal custody, both parents will typically share the right and responsibility to make the decisions related to the health, education and welfare of the child. Stated otherwise, the general rule is that either parent may authorize or consent to treatment of their minor child unless the court order specifies otherwise.

What are the pros and cons of a joint custody agreement?

Joint custody has its benefits and drawbacks for both the child and the parents. Parents considering their custody options should consider the following: Parents who share joint legal custody must continue to communicate with one another in order to reach joint decisions.

When is a court order of joint legal custody ambiguous?

Sometimes the court order of joint legal custody may be ambiguous, such as when it requires the parents to consult with each other (rather than agree) prior to one of the parents obtaining care for the child. Therapists and counselors must be careful under these circumstances and do not want to commence treatment without proper authority.

What does physical custody mean?

Physical custody refers to which parent has primary possession of the child. Each type of custody may be sole in which one parent has the primary rights or joint in which both parents share the rights.