Q: What does “medical decision making” entail exactly?
My ex husband has refused to agree on what counselor to use for my children. He also refuses to agree to alternative medicine treatments. We share legal custody and medical decision making. Does the decision making extend to mental health and alternative medicine? Or is it more for agreeing to specific medical treatments such as medications or surgeries?
A: I believe medical decision making refers to all of the above areas. Your parenting agreement may have a procedure to resolve matters if you can not agree. Also, you could consider applying to the court for a change to sole medical decision making. You should retain an attorney to further advise you.after reviewing your agreement and the facts in the case.
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A: If you have joint decision making regarding medical issues, you all are required to make them together, meaning you must agree. Emergency and routine medical, such as child has a cold and needs to see the doctor, are not considered major and can be made by the parent caring for the child at the time. In terms of things like mental health treatment or alternative medicine type things, those are absolutely, 100% considered major medical decisions and they would either need to be agreed upon or something would need to be filed with the court to change the decision-making, which is a whole other issue, standard.
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