Medical Decisions in a Parenting Plan

That marriages sometimes end in a separation or divorce is not news. And when they do, children are usually placed with one or both parents, who then have to decide about the child’s custody and – by extension – medical care.

In some states, judges may make these decisions, but in others, they are left up to the parents themselves. The problem arises when there is a disagreement between the two parties about how best to treat their child. In many cases, the issue of whether to allow a parent to make medical decisions for their child can become quite contentious and emotionally charged.

It is crucial that all concerned parties understand what is at stake and why it matters so much to each party. That’s why we prepared this resource to discuss what happens if parents disagree over a child’s medical treatment and the decisions that instigate such disagreements. Let’s kick off by understanding what a parenting plan is.

What is a Parenting Plan?

A parenting plan is a written agreement between parents spelling out who makes decisions for a child and how those decisions are made. The document also describes how the child will be cared for during times when the parents cannot agree on who should make medical decisions.

The most common type of parenting plan is called “joint custody” (though the term is no longer in use in Illinois). Anyway, it means that both parents share decision-making authority over the child’s upbringing.

It is also worth noting that most states have adopted some form of Parenting Plan Law, which allows the court to order a parent to follow specific guidelines when dealing with their children. The laws vary from state to state, though some provisions cut across. For instance, according to Illinois Law, a parenting plan must include:

• Where the child lives
• The amount of time each parent spends with the child
• Who has primary custody of the children
• How the child’s info and records get relayed to each parent
• How the child gets transported for parenting time

What Happens if the Parents Disagree over Medical Treatment?

If the parents cannot agree about medical treatments for their children, the courts must step in to resolve the dispute. The law gives the parents the equal authority to make medical decisions for the children. But if one parent disagrees with the choice of treatment recommended by the other parent, the court will determine who makes the final decision.

If you believe that your ex-spouse is refusing to follow your wishes regarding medical care for your children, contact a family lawyer immediately. A lawyer can help you file a motion asking the court to intervene and enforce your parenting plan.

Medical Decisions that may Trigger a Disagreement between the Two Parents

The section below explains some medical decisions that usually trigger a disagreement between two parents:

Vaccination Decisions

Parents may disagree on whether to vaccinate their children against certain diseases. Vaccines protect people from many serious illnesses, but they may also carry risks. Some parents worry that too much medicine could harm their children. Others are concerned about possible side effects, including fever, pain at the injection site, and swelling.

There is also the question of whether it is okay for the child to get tested or vaccinated for COVID. A qualified family law attorney will navigate these issues for you objectively and find an amicable solution.

Medication Decisions

Ex-spouses also tend to disagree on allowing their children to receive certain medications. One party may argue that medicine is dangerous because it has serious side effects. Another might say that the drugs are necessary to treat the child’s worsening condition.

When parents disagree about medical issues, it’s essential to talk things through. If you and your ex-partner cannot agree on a course of action, you need to seek legal advice.

End-of-Life Decisions

When parents get divorced, they often struggle over what to do if their child becomes seriously ill. Should they try to save their life? Or should they let nature take its course?

If you and your ex-spouse cannot agree on how to deal with a child’s illness, you may want to discuss this issue with a lawyer.

Organ Donation Decisions

This is an extension of the end-of-life decisions above. Many states require that both biological parents consent to organ donation for their terminally ill child to become eligible for transplantation.

As such, parents will sometimes disagree about whether to donate organs after death. In this case, you may want to discuss the situation with a reliable family law attorney to learn more about your options.

Emergency Medical Decisions

Another source of disagreement may be what parent makes an emergency medical decision when faced with a crisis. For example, should one parent make health care decisions for the child while the other parent is away? What happens if the child is injured and requires hospitalization?

Ideally, if the child needs immediate surgery, but the other parent is not around to give consent, you should go ahead and permit them, especially if you believe it is what’s best for the child. However, be sure to inform the other parent as soon as possible.

Contact a Qualified Family Law Attorney Today!

If you’re struggling to find answers to these questions, please call us. The family law attorneys at  Johnston Tomei Lenczycki & Goldberg, LLC. in Lake County, Illinois have helped countless families like yours navigate the complicated world of divorce and parenting plans. Our attorneys understand the unique challenges facing divorcing couples and provide practical solutions that benefit our clients’ interests.

To schedule a FREE consultation with one of our expert attorneys today, please call (847) 549-0600 or contact us online.