Okemos, MI asked in Family Law for Michigan

Q: If parents share 50/50 Legal In MI, and the Father has stated no medical visits without his consent and the mother

Ignores the Father and does what she pleases is she violating the 50/50 Court order? Specifically if the Father has stated that the Doctor treating no longer has his permission due to previous violations? Can the Mother continue to take the child to a doctor the Father has stated can no longer treat their child?

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1 Lawyer Answer
Brent T. Geers
Brent T. Geers
Answered
  • Grand Rapids, MI
  • Licensed in Michigan

A: Possibly, and depends on what the treatment is. Your recourse is to file a motion to change custody. Shared legal custody means that there should be agreement on major medical decisions. A lawyer can help you prepare a proper argument and conduct case law research. But generally, a court will defer to the child's primary care physician. Remember, the court (e.g. the judge) is not a doctor; and likely, neither are you. You should have some factual basis for why you want this treatment to stop (e.g. a different doctor's opinion).

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