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  5. What happens if co-parents disagree about a child’s medical care?

What happens if co-parents disagree about a child’s medical care?

On Behalf of Natural State Trial Attorneys | Sep 10, 2024 | Child Custody

Parents who share custody generally have to find ways to work cooperatively as co-parents. A custody order approved by the Arkansas family courts provides the outline for a co-parenting relationship. Both parents must adhere to the custody order as established by the family courts.

They need to conduct regular custody exchanges and share information with one another about their children so that they can make informed decisions. Yet, occasionally, co-parents may have a hard time agreeing on important decisions related to their children. For example, they might disagree about what immunizations their children should receive or what type of medical care they require. Factors including personal values and religion can influence the type of care that parents feel is appropriate for their children.

What happens when Arkansas co-parents cannot agree on the medical support that their children require?

Disputes may lead back to court

It is standard practice to expect parents to share custody. The Arkansas family courts award physical custody or parenting time. They also award legal custody or decision-making authority. In most scenarios, judges expect parents to share time with their children and the power to make decisions about their upbringing.

Occasionally, a custody order or parenting plan might include provisions that give one adult the final say in certain types of decisions. Both parents generally have the authority to make immediate or emergency decisions during their parenting time. If a child falls and breaks their arm, the parent currently caring for the child decides what medical facility provides the trauma care for the child.

However, parents have to collaborate on long-term decisions. Both parents likely need to be on board regarding counseling or physical therapy for a child with a sports injury. When parents cannot agree about what care is appropriate or what professionals should provide that care, they may need to go back to court.

An Arkansas family law judge can hear the perspectives of both parents and then reach a decision that they believe is in the best interests of the child. They can approve necessary medical care or decline to authorize treatment that one parent opposes. Occasionally, a family law judge might decide that the best solution is to modify the custody order to increase one parent’s legal decision-making authority so that similar conflicts don’t occur in the future.

Parents trying to navigate a child custody dispute about decision-making authority may need to document their concerns and review their custody order. Requesting judicial intervention or a custody modification, if necessary, can help ensure children receive the medical care they need.

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