How Custody Affects Your Ability to Make Medical Decisions for Your Child

Divorce or separation can raise a lot of serious issues for parents, and one of the most important questions that has to be addressed is who gets to make medical decisions for your child. Whether the issue involves vaccinations, surgery, medications, or mental health treatment, your legal rights will depend on the type of custody arrangement you have.

Amelia Mattis is an experienced custody attorney in La Jolla. At Mattis Law, A.P.C., we regularly help parents throughout San Diego County understand and assert their rights when conflicts arise over healthcare decisions.

What’s the Difference Between Legal and Physical Custody?

Legal custody gives a parent the authority to make significant decisions for their child, including decisions involving education, religious upbringing, and medical care. Physical custody refers to where the child lives and who is responsible for providing day-to-day care.

In California, there can either be joint or sole legal custody.

• Joint custody: Both parents share the right and responsibility to make decisions.
• Sole custody: Only one parent has the legal authority to make those decisions.

Even if a parent has limited physical custody or visitation, they may still retain joint legal custody, which means they have a say in important healthcare decisions.

California Law and Medical Decision-Making

Under California Family Code § 3003 and § 3006, the courts presume that joint legal custody is in the best interest of the child unless there is evidence to show otherwise. But judges also have discretion to allocate decision-making authority on specific issues like medical treatment, even when joint custody is in place.

For example, a court could rule:

• Both parents must agree on non-emergency medical care
• One parent has final say over mental health treatment
• Disputes over vaccinations or elective surgery must go through mediation or court review

Medical Disputes in Shared Custody Cases

When shared custody is awarded, both parents are expected to communicate and collaborate on healthcare decisions. But in high-conflict cases, this doesn’t always go smoothly. There are several types of disagreements that can arise.

Vaccinations

Disputes over vaccinations have become a growing issue in family courts, especially since the COVID-19 pandemic. One parent may oppose vaccines for religious or personal reasons, while the other supports full immunization.

Elective or Non-Urgent Surgery

Major surgeries or more routine procedures like tonsil removal can lead to disputes. One parent may feel that the treatment is risky or unnecessary.

Prescription Medications

When children are prescribed medications for chronic conditions like ADHD or asthma, one parent may express concern about side effects or dosage.

Mental Health Treatment

Parents may not see eye to eye when it comes to therapy, psychiatric medications, or evaluations. This can cause serious conflict, especially in cases involving teens or children with behavioral challenges.

When One Parent Has Sole Custody

If one parent has sole legal custody, they have the exclusive right to make all healthcare decisions without consulting the other parent.

This includes:

• Choosing providers
• Authorizing surgery
• Deciding on psychiatric care
• Managing long-term treatment

However, the parent without custody still has a right to access the child’s medical records under California Family Code § 3025, unless the court says otherwise.

If you believe the other parent is making inappropriate or unsafe medical decisions under sole custody, you may be able to petition the court for a modification of custody.

How San Diego Courts Handle Medical Disagreements

Family courts in La Jolla generally promote co-parenting and shared responsibility unless there’s evidence of harm, neglect, or an inability to cooperate. But local judges have taken firm positions in cases where medical issues are at stake.

Shared Custody & Medical Disagreements

If you share legal custody and disagree with your co-parent about medical issues, there are some important steps you can take.

Review Your Court Order

Many parenting plans include provisions for resolving disagreements. Some require mediation before going to court.

Document Everything

Keep written records of communications, doctor recommendations, and any conflicts. Judges rely heavily on documentation when evaluating disputes.

Consult a Medical Professional

Bring the disagreement to your child’s healthcare provider. A formal recommendation from a doctor can be persuasive in court.

File an RFO

If you cannot resolve the issue, you can file a Request for Order (RFO) asking the court to:

• Grant you sole decision-making authority on medical matters
• Modify your custody arrangement
• Resolve the specific medical dispute

This legal process allows a judge to weigh both sides and determine what is in the best interest of the child.

Modifying Custody Orders Due to Medical Disagreements

If medical disagreements are frequent, or if they put your child’s health at risk, you may want to modify the custody order.

To request a change, you must show a material change in circumstances under California law. Courts often consider the following:

• Whether the dispute is affecting the child’s health or well-being
• A parent’s refusal to follow medical advice
• One parent’s ongoing interference with healthcare decisions
• The child’s evolving needs, especially for mental health treatment

Protecting Your Child’s Health

If you’re in the early stages of divorce or creating a parenting plan, you can preempt many disputes by outlining medical authority in the custody agreement. Consider including terms such as:

• Which parent has authority for specific types of care (e.g., psychiatric, dental, surgical)
• Requirements for notifying the other parent about upcoming appointments
• Emergency procedures and consent requirements
• Agreement to follow provider recommendations

With a detailed plan in place, you reduce the risk of conflict and ensure your child’s healthcare needs are met without delay.

Reasons to Choose Our Firm

At Mattis Law, A.P.C., we recognize that issues involving custody and medical decisions are deeply personal and legally delicate. Whether you’re working through a disagreement, or if you need to adjust your custody order, our office provides clear legal guidance and support.

Amelia Mattis has been named as a Top 10 Family Law Attorney in California by the American Institute of Family Law Attorneys, and Super Lawyers has recognized her as a Rising Star.

Speak With a Trusted Custody Attorney in La Jolla

If you’re facing conflicts about your child’s medical care and you need help understanding your rights, Mattis Law, A.P.C. is here to help.

Call (858) 328-4400 to learn more today.