Minneapolis, MN asked in Child Custody, Criminal Law, Family Law and Personal Injury for Minnesota

Q: Is it legal for a person grante temporary legal custody of child to immediately have elective surgery perfomed on child?

They never asked for consent from the parent and did not notify the parent nor the Court. They just went and had elective surgery performed on the child within weeks of being granted ex parte temporary legal custody. The child is now severely psychologically abused and traumatized. After elective surgery, pain medication was withheld from the child. How is this legal? The surgery cannot be undone. Forcing the child to be in extreme pain afterwards is cruel.

1 Lawyer Answer
Corwin Kruse
Corwin Kruse
  • Divorce Lawyer
  • Licensed in Minnesota

A: Legal custody carries with it the right to make medical decisions for the minor child. Of course, depending upon the circumstances, one might be able to argue that custody should be modified based upon physical or emotional endangerment to the child.

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