Resolving Disagreements About a Child’s Healthcare Decisions

 Posted on November 21, 2024 in Allocation of Parental Responsibilities

During the allocation of parental responsibilities, either the parents or the judge will likely determine that the parents will jointly make major decisions for their children. This is separate from the determination of parenting time and parental responsibilities. "Major decisions" usually include those regarding education, religion, and healthcare. Education and religious decisions tended to be more contentious in the past, but today, healthcare may take the top spot for disagreements between co-parents.

Illinois law tries to prevent these disagreements by requiring parents to make a detailed, legally binding parenting plan. Unfortunately, not every disagreement between co-parents will have the solution spelled out in the parenting plan. New issues will almost certainly crop up as the children get older. If you are in a disagreement with your ex regarding a healthcare decision for your child, speaking to a knowledgeable Oswego, IL parental responsibilities attorney from The Law Office of Matthew M. Williams, P.C. can be beneficial.  

What Are the Primary Disagreements Between Parents Regarding Healthcare for the Child?

If parents share legal custody, they will decide together how to respond to healthcare issues for their child. While married, this may not have been an issue there were many arguments about. After the divorce, a child’s healthcare may be just one more excuse for the parents to disagree. The most common healthcare disagreements between co-parents include:

• Vaccinations
• Prescription drugs, with disagreements sometimes regarding perceived overuse of antibiotics or ADHD medications.
• A doctor’s diagnosis, particularly one regarding ADHD or the necessity of surgery.
• A medical procedure or surgery one parent believes is unnecessary or too risky.

How a Parenting Plan Can Help Resolve Disagreements

The parenting plan covers all aspects of co-parenting, other than financial issues. It includes where the children will spend holidays and summer vacation, when the parent with parenting time will get the children each week, and even how the pickups and drop-offs will be handled.

While the court will determine which parent is the primary residential parent and which has parenting time, the parenting plan will further discuss legal custody—which parent has the authority to make which important decisions for the child. It is generally understood that in a medical emergency, the parent with the child will seek immediate treatment.  

A parenting plan can specify which, if any, vaccinations the child will have, how a decision will be made for a procedure or surgery, which prescription drugs both parents are on board with, and which require a discussion. If the parents are unable to agree on a particular healthcare decision, they must return to court. Courts often follow the accepted standards of medical experts and healthcare professionals.

What if one parent is adamantly against vaccinations, so the other parent simply takes the child to be vaccinated during his or her parenting time? The other parent can go back to court and ask to be the sole decision-maker for the child’s major decisions, but once done, a vaccination cannot be undone. However, the judge could limit the other parent’s role in making decisions and spending time with the children, so making those decisions independently is rarely a good idea.

Contact a Kendall County, IL Allocation of Parental Responsibilities Lawyer

If you and your ex are having difficulties deciding how your child’s medical decisions will be made, your parenting plan may not be specific enough. A Yorkville, IL allocation of parental responsibilities lawyer can help put together a parenting plan that will fully address most eventualities.

If an issue is not addressed in the parenting plan and cannot be resolved, an experienced family law attorney can represent you before the judge, arguing on your behalf. Attorney Matthew M. Williams focuses his practice on collaborative divorce and mediation to reduce costs and make the process simpler and less contentious. Contact The Law Office of Matthew M. Williams, P.C. at 630-409-8184 to schedule a consultation.