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Who makes medical choices when parents share custody?

On Behalf of | Jan 18, 2025 | Family Law

Parents who share custody have to continue interacting with each other despite the major change in their relationship. They see each other frequently during custody exchanges and need to exchange information about their children with one another. They may do so using a parenting app or via email.

Parents generally need to know about what has happened in their children’s schools and any medical issues they may have recently experienced. Parents frequently have to make decisions about the medical treatment that their children require.

From mental health counseling to help them adjust to the family changes to allergy shots, there are many types of care that parents can acquire for their children to improve their lives. Which parent typically makes decisions about a child’s medical needs when they share custody with another parent?

Shared legal authority is standard

When parents in Texas divorce or separate, the courts operate under a presumption that shared custody is the best arrangement possible. That means that each parent has a reasonable amount of parenting time. It also means that both parents have shared control over the child’s upbringing.

Typically, a parent can make short-term decisions during their own parenting time. If a child falls and needs stitches or an x-ray, the adult currently caring for the child can decide what medical facility to take them to for treatment.

When it comes to longer-term decisions, such as starting therapy or undergoing voluntary surgery, the parents typically have to agree with one another. Sharing legal custody or decision-making authority means that the parents have to reach agreements on key matters related to their children’s health and well-being.

What if parents don’t agree?

Sometimes, differing perspectives or values result in parents strongly disagreeing about what types of medical support their children require. In such scenarios, the parents may eventually need to go back to family court.

Judges can rule on disputes related to legal decision-making authority. They can resolve the disagreement by determining what is likely in the best interest of the child. They can also theoretically modify custody arrangements to give one parent more decision-making authority on medical matters to prevent future disputes from delaying necessary care.

It can be very difficult to cooperate with a co-parent after the end of a relationship. However, especially when it comes to medical care for children, parents often need to find ways to work together.

Learning more about the basic rules that govern shared custody arrangements can help parents assert themselves and also work together for their children. Those who share legal custody typically need to agree with one another on major decisions or may need to make adjustments to their custody arrangements to prevent protracted conflict.