Who Makes Medical Decisions for a Child After Divorce?

Who Makes Medical Decisions for a Child After Divorce?

It is not uncommon for parents to disagree regarding their children’s medical care. However, if you and your spouse are divorced, this may complicate matters. In Arizona, legal decision-making authority encompasses the rights of a parent to make major decisions regarding the upbringing and care of their children, including education, religious training, and health care. While both parents have the right to make minor routine decisions when spending time with the kids, bigger decisions are not as black and white.

Decisions-Making Authority

Parents may be granted either sole or joint legal decision-making authority. If a parent has sole legal decision-making authority, that parent has the right to make medical decisions for their child. If both parents have joint legal decision-making authority, however, they will have to work together to make these decisions. Neither parent will have greater authority when making these important decisions unless the state grants a parent the final say.

In Arizona, family courts may sometimes give a parent the final say in certain areas, including medical decisions, if they believe it is in the best interests of the child. That said, unless there is a reason why joint legal decision-making does not serve the child’s best interests, such as substance abuse, child abuse, or domestic violence, it is unlikely a parent will be given sole legal decision-making authority or final say on certain matters.

For parents who have trouble agreeing on medical decisions, mediation is often an effective method for working toward an effective resolution. If a resolution cannot be reached, you can take your case to court where a judge will decide which parent will have a final say. However, family court cannot make a decision for you.

Schedule a Consultation to Discuss the Details of Your Case Today!

If you and your co-parent cannot agree on medical decisions regarding your children, the family law team at Singer Pistiner, PC can assist you. With more than 35 years of combined experience on our side, you can feel confident in our ability to represent you and guide you through your case. We understand how important these matters are and will help you work toward the most favorable solution possible.

Reach out to our law office today at (480) 418-7011 to request a free initial case evaluation with a member of our team.