Can One Parent Make Medical Decisions Without the Other in Florida?

When parents separate or divorce, decision-making issues regarding their child’s health can pose difficulties. There is generally uncertainty as to which parent has the right to make medical decisions on behalf of their child. In Florida, the question of who makes the decision depends on the parenting plan.

Shared responsibility is the default

Florida law supports shared parental responsibility. In this case, parents retain all their parental rights and obligations, but they must consult each other on major issues related to their child’s decision-making.

Most medical decisions can be included on this list. Actions such as elective surgeries, therapy and counseling programs, and other decisions related to a child’s health require the joint decision of both parents.

This will work perfectly if parents can communicate efficiently with each other.

When one parent has decision-making authority

Even though both parents have equal parenting responsibilities in most cases, there are instances in which a single parent can make certain medical decisions without reaching any agreement with the other parent.

If the court deems that the joint decision-making process will harm the child’s interests, one parent will have full decision-making power on certain issues, including healthcare decisions. This does not automatically mean that the other parent will lose their parental rights.

The court can take such an approach if there are some continuous conflicts between parents or in cases of domestic violence or drug abuse.

Emergency medical situations 

Emergencies are handled differently. In cases where a child needs immediate attention for their well-being or protection, the parent with the child has the right to consent to emergency medical treatment without consulting the other parent.

Once the situation is sorted out, the other parent should be notified as early as possible. This ensures good communication and prevents any misunderstandings in the future.

What happens when parents disagree?

Arguments about health care issues are common. The parents can hold different views on surgery, medications, vaccinations, therapy, and any other form of health care.

If all attempts at discussion fail, then the court can intervene. The judge will examine the situation and decide how to arrange things for the child’s benefit. Sometimes, the judge changes the arrangement, giving the parents more responsibility or assigning one parent full authority over the matter.

Parents must refrain from unilaterally altering what the court has already arranged, as it might affect future custody arrangements.

Protecting your parental rights

The process of making decisions about a child’s medical needs can be among the most emotional issues in a conflict over parenting. Regardless of whether you feel that your co-parent is keeping you out of critical medical decisions for your child or you require the court’s assistance in giving you more decision-making powers, knowing what your rights and responsibilities are is important.

A family lawyer in Florida will be able to review your parenting plan and advise you on how you can arrange things so that your child’s best interest is protected, but your involvement in medical decisions is not undermined.

Talk to a St. Petersburg, FL, Family Lawyer Today

The Law Office of Kevin F. Coleman represents the interests of parents during custody hearings. Call our St. Petersburg family lawyers today to schedule an appointment, and we can begin discussing your next steps right away.