When you’re sharing custody, it’s normal to wonder how much decision-making power your co-parent has, especially when it comes to your child’s health. In New York, the answer depends on your custody arrangement.
Below are some key points to remember.
Legal custody controls medical decisions
There are two types of custody in New York: physical and legal. Physical custody refers to where the child lives. Legal custody gives a parent the right to make major decisions, including those about healthcare.
If you and your co-parent have joint legal custody, you must both agree on important medical decisions. This includes surgery, long-term treatment and other serious matters. One parent cannot make these decisions alone.
If one parent has sole legal custody, that parent can make major healthcare choices without consulting the other.
Emergencies are handled differently
Either parent can consent to emergency medical treatment when the child is in their care. If a child needs urgent treatment, the parent present can approve it without waiting for the other parent. This rule helps protect the child in time-sensitive situations.
Routine medical care
Parents usually do not need each other’s permission for routine medical care. This includes regular check-ups, minor illnesses and typical vaccinations. If both parents share parenting time, each can generally manage routine medical care during their time with the child.
However, if there is a disagreement about things like vaccines or therapy, that may be considered a major decision. In that case, your legal custody arrangement will determine who has authority.
Your custody agreement outlines your rights regarding medical decisions for your child. If anything is unclear or you and your co-parent disagree, it may be beneficial to seek some legal guidance.
