Q: Ex-husband made medical decisions without informing me despite 50/50 conservatorship and divorce terms.
My divorce was finalized in December 2023, and I was served with temporary orders in September 2024. Today, I discovered my ex-husband made medical decisions, specifically vaccinating our children, without informing me. We have 50/50 conservatorship, and the temporary orders state that the children are with me every other Sunday. The orders don't specify anything about medical decisions, but our divorce decree mandates joint decision-making or court intervention if agreement cannot be reached. My ex-husband has made several decisions without informing me, despite having a lawyer, while I cannot afford legal representation. Is his unilateral decision-making legal under these circumstances?
A:
Ordinarily, during a parent’s time of possession, that parent can independently make medical decisions for the child which do not require invasive procedures like surgery. So either parent can consent for a child to vaccinations during that parent’s time of possession.
The exception is if the court order gives only one parent the right to make medical decisions for the child, which is uncommon.
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