A medical emergency is a situation in which your child has a health emergency or suffers an injury, and he/she needs to be treated as soon as possible. It is advised that in custody agreements, the parties should create a medical emergency plan. When a medical emergency arises, parents should have already established a medical emergency plan, but if they haven’t created any plan, the parent taking care of the minor at the moment of the crisis or accident should act in order to safeguard his/her well-being; in this sense, the parent should act immediately. Even though disagreements and misunderstandings may take place, the most important concern is to prioritize the welfare of the minor. If a child-related medical emergency arises, these are some steps to follow:
Sickness is always unexpected and even more so in the early stages of life. The sickness of a child may interfere with times of custody when co-parenting. A child may not be able to leave his or her house and may need to rest to recover properly. On this basis, parents should cooperate and communicate with each other, prioritizing the needs of the sick or injured minor. Parents should comprehend that a health issue may interfere with the time of custody, but the child’s well-being is the most important. Therefore, parents should create agreements to work these situations out. Decisions should be made taking into account only the well-being of minors. In this sense, possible animosities between divorced couples should not interfere with making the best decisions.
The parent who has legal custody of the child is responsible for making decisions for his/her welfare. In a joint legal custody scenario, the two parents make emergency medical decisions together. However, some arrangements state that it is the responsibility of just one parent to make decisions in case of a medical emergency. In contrast, the other parent is responsible for the decision-making in other fields (for instance, education).
In joint legal custody situations, both parents make decisions in case of a medical emergency; it doesn’t matter who has the physical custody of the child. In a scenario of joint legal custody, both parents should agree and make medical decisions together. If disagreements arise, the opinion of the child’s doctor must be considered. If the two parents’ communication is not the best, they can consult a mediator to resolve any possible disagreements.
However, if the court decides that only one parent has the responsibility to make decisions on this matter (sole legal custody situations), the word of this parent should be respected. The party holding sole custody of the child is not required to notify the other parent of any event or consult him/her for any decision-making, especially in non-emergency medical situations. Keep in mind, informing the other parent is still a good choice when an urgent medical situation involving the child arises, as this can have a major impact on the child’s well-being and future.
Even though custody agreements are established and should be recognized at all times, emergency situations demand that the parent taking care of the child makes the right decision in case the minor needs to be taken to a specialist or needs special attention when under his or her care. Parents also need to respect the minor’s recovery time when sickness affects the custody schedule.
Disagreements between the parents who share legal custody may arise in medical emergency situations involving their children; however, it is important to keep in mind the well-being of the child is the ultimate intention. For this reason, parents should maintain clear and open communication to safeguard the child’s well-being. If parents cannot reach an agreement, the child’s doctor can play a role to ensure the parents understand the child’s condition and the options for the treatments. If parents still cannot reach an agreement, they can consult a professional mediator to help resolve any possible quarrel in a child’s medical emergency. Lastly, if there is still disagreement, one of the parents may file a motion with the court so that it settles on how to proceed.
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