Who Makes the Medical Decisions for Children After a Divorce in Tennessee?

Life for children and parents is much different after a divorce. There are two homes when there used to be one, and families need to make decisions about where the children will stay every day and night of the year. Legal decisions, including physical custody, legal custody, parenting plans, and child support must also be resolved.

The way you care for your child/children when they have a cut, bruise, the flu, or a serious illness injury is more complicated than it was before the divorce as well. The good news is that there are legal ways to clarify which parent or parents make medical decisions for their children. There are also many practical ways to protect your children while ensuring that parents can make proper and prompt decisions.

How do physical and legal custody affect the medical decisions divorced parents make

In Tennessee, there are two types of custody:

• Physical custody determines where children reside. Parents with physical custody provide shelter, food, and clothing. The parent with physical custody is responsible for ensuring their child attends school and is engaged in social activities.
• Legal custody determines who makes the decisions about the child’s medical care, education, and religious upbringing.

Parents may share both types of custody, or one parent can have sole physical and/or legal custody.

Generally, the physical custody order determines who makes minor medical decisions that require immediate care such as tending to cuts and bruises. The legal custody order determines which doctors your child sees when they become ill or develop a more serious injury. Legal custody also determines who cares for a sick or ill child, and impacts who decides on a course of action after the child receives medical care from a doctor or a hospital.

If a parent has sole legal custody, that parent has the authority to make medical decisions for their child. When parents have joint legal custody, then both parents should be involved in decisions and come to agreements on care. If they cannot agree, the custody order should set forth how they can resolve disputes. Otherwise, the parents may need to engage in litigation.

Some of the factors that determine which parent has legal custody regarding medical decisions are:

• The terms of the physical custody order
• The ability of each parent to take their child to a healthcare provider and stay with their child during the treatment
• The specific medical conditions or disorders the child has

A copy of the legal custody order should be enough for a doctor to provide medical care – though exceptions may apply. The more specific the legal custody order is about medical decisions, the better.

A legal custody order isn’t always determinative. If you believe your child needs medicine, surgery, or other procedures, you can request that the family court modify the custody order so your child can obtain those services. In a court hearing, the judge will normally give great weight to the testimony or opinions of the child’s pediatrician, family doctor, or a relevant specialist.

Generally, to modify a child custody order, you need to show that there is a significant change in circumstances. A failure to properly care for a child’s health may qualify as a significant change – depending on the type of care and the health of the child.

How is legal custody decided?

Legal custody in Franklin County can be resolved through mediation, a collaborative divorce, or a court hearing. More specific medical decisions can also be discussed, contested, and resolved through these different resolution processes. These specific medical decisions may include children who have a disability or some other special condition.

Children with disabilities and specific medical needs usually require care from doctors who can meet those needs. Parents will have to make decisions with the provider about special assistive devices or technology and many other types of assistance for that child.

How does child support affect medical decisions?

The child support order should include more than just a decision about which parent pays the other parent support and how much they should pay. Child support orders should also provide insurance coverage for the children.

Many decisions about medical care begin with understanding which doctors and medical providers accept the insurance coverage parents have for their children. Generally, children should be covered through the insurance policy of one or both parents.

What if there is a medical emergency?

Typically, the parent who has physical custody of a child can make medical decisions in the case of an emergency such as if your child is choking, their temperature spikes, they fall while in your custody, or are involved in a car accident. You should try to contact the parent with sole or joint legal custody as soon as possible. The legal custody order controls your medical decisions. If the legal custody order addresses emergencies, you’ll need to follow the terms of the order.

Decisions about childhood vaccinations after a divorce

Normally, the parent with sole legal custody makes the decisions about what vaccinations their child receives. When parents have joint legal custody, they need to reach an agreement, resolve the dispute through litigation, or use an alternative dispute resolution process.

A new Tennessee law does change how vaccinations of children are handled in Tennessee. According to NBC News; foster parents, social workers, and other caregivers cannot provide permission for vaccines. Only the birth parents and legal guardians can give consent to vaccinations of children.

If parents who divorce believe that they won’t be able to agree about their child’s vaccinations, the determination about who decides what vaccinations should be given should be set forth in the legal custody order.

Every parent needs to make decisions based on the best interest of their children, not the parents. Most child healthcare decisions and disputes can be resolved with a carefully worded legal custody order and child support order.  At the Law Offices of Adrian H. Altshuler & Associates, we’ve helped countless parents resolve their divorce contests favorably. Our Franklin County lawyer understands what terms and conditions family court orders should include. To discuss medical care decisions for your children and any other divorce issues, call us now or use our online form to schedule a free consultation.