You pick up the phone to your ex to discover that your child has been injured in an accident. Your ex tells you not to worry, because they have treatment sorted.
But what if you do not agree with the treatment they are arranging? Can they approve it without your agreement?
It depends on your custody arrangement
California custody arrangements cover two areas. Firstly, there is the right to have the child live with them or the right to visit the child. That part is known as physical custody.
The second part is the more pertinent one when it comes to medical treatment for the child. Legal custody refers to who gets to make decisions for the child until they turn 18 and can make such decisions themselves.
A parent who was awarded sole legal custody by a court does not need to get the agreement of the other parent before deciding on medical treatment for their child. If, however, legal custody is shared, then they should. Failing to do so could potentially give the other parent grounds to complain that the parent has breached the custody order. That said, in the case of emergency treatments, a court might view their decision as justified if the other parent was not easily contactable.
If possible, however, it is usually healthier for parents to consult with each other on medical treatment where practical, regardless of the custody arrangement.
Parental permission is not always needed
Do note, however, that California allows children to make certain medical decisions on their own, and in confidence, from the age of 12 upwards. For example, a child might be able to seek medical care without their parents being consulted after a sexual assault. Or they might be able to get birth control without their parents’ approval.
Considering scenarios such as a disagreement over medical treatment when making your custody agreement can reduce the chance you end up arguing with each other in court because of a medical decision that one of you goes on to make.