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Divorced & Unmarried Parents: Who Can Make Medical Decisions For Your Kids?

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Raising a child can be difficult and when you do not agree on major decisions with your child’s other parent, the situation only becomes more stressful. One of the common topics unmarried or divorced parents fight over is medical decisions for their child. From immunizations at a young age to treatments for a condition or disease, whether or not a medical procedure is appropriate can be a bone of contention between two parents. If you are a parent and are fighting over medical decisions with your child’s other mom or dad, contact the Leesburg family law attorneys of Whitbeck Cisneros McElroy PC for help.

Who Has Legal Custody?

If you and your child’s other parent are arguing about a medical decision, determine which of you has legal custody. There is a difference between legal custody over a child and physical custody. One or both parents may have legal custody, which is the right to make decisions regarding the child’s upbringing, including school, religion, and medical decisions. Physical custody pertains to the daily care of the child, including where he or she lives. A judge does not have to grant legal and physical custody in the same proportions. Both parents may retain all legal custody while one parent has  share physical custody of the child. If a parent has sole  legal custody, they have the ability to decide the  child’s medical treatment. However, if you were granted joint legal custody in a divorce, you will need work out the issue with the other parent.

Consider Mediation or Returning to Court

It is usually best to work out these decisions with the other parent. After all, medical decisions will have to be made for your child for years. However, if you and your child’s parent have difficulty communicating on your own, you may want to consider mediation with the help of an attorney. If the nature of the decision is about life or death, contact an attorney right away. You may need to return to court to ask permission for a specific medical treatment.

How Old Is Your Child?

Making medical decisions for your child becomes much more complicated when instead of deciding on braces, you have to determine whether chemotherapy and radiation are the right course of action to treat cancer. Under Virginia law, a parent who refuses to provide necessary care, including medical treatments, to his or her child can be charged with abuse or neglect. However, once your child turns 14, he or she has a say in medical decisions. If a parent with legal authority and the adolescent child agree that doings so is in the child’s best interests, they can refuse life-saving treatments for serious medical conditions.

Contact Our Office Today for Help

Whether you are fighting over immunizations or there is a more serious medical concern, call Whitbeck Cisneros McElroy PC in Leesburg as soon as possible at 703-997-4982. We can help you determine who has legal custody and work with your child’s other parent to do what is best for your son or daughter. If necessary, we can take your fight to court.

Resource:

law.lis.virginia.gov/vacode/title63.2/chapter1/section63.2-100/

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Whitbeck Cisneros McElroy PC

106 Harrison Street SE
Suite 300
Leesburg, Virginia 20175

703.997.4982 Tel
703.777.9079 Fax

Whitbeck Cisneros McElroy PC is located in Leesburg, VA and serves clients in and around Ashburn, Paeonian Springs, Hamilton, Sterling, Lincoln, Waterford, Leesburg, Purcellville, Lovettsville, Middleburg, Philomont, Round Hill, Arcola, Aldie, Dulles, Bluemont, Herndon, Haymarket, Reston, Great Falls, Clarke County, Fairfax County, Fairfax City County, Fauquier County, Loudoun County, Prince William County, Frederick County, Warren County, Winchester County, Arlington County.

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