Co-Parenting & Medical Decisions
Divorce may end the marriage, but parenting decisions—especially around your child’s health—continue long after. In joint custody arrangements, both parents often share the responsibility of making medical decisions. But what happens when you and your ex don’t agree? From insurance coverage to treatment choices, understanding your legal rights under California custody law can help you protect your child’s well-being.
Your child’s health isn’t up for debate. Is your co-parent is making medical decisions without your input?
When a marriage ends in divorce, the end of the spousal relationship doesn’t necessarily mean the end of the parenting relationship. Although California law “allows the court and the family the widest discretion to choose a parenting plan that is in the best interest of the child,” it also tends to start from the presumption that children will benefit from the ongoing involvement of both parents in their lives. Most often, this means some form of joint custody arrangement, where both parents have the responsibility to look after the child’s welfare and the right to make decisions on their behalf.
This naturally includes decisions on healthcare and medical treatment, from who will be responsible for providing insurance and how costs will be divided to which practitioners the child will see and what treatments the child will receive. For many parents, this raises the question: can my ex make medical decisions without my consent? Unfortunately, medical topics can be a source of controversy between co-parents, fueling disagreements about what medical care is necessary and who has the authority to make decisions regarding treatment, especially when they have a special needs child or one with a preexisting medical condition. Knowing what your custody arrangements specify will help you understand your rights and what recourse you have if you feel that your co-parent is not appropriately looking after your child’s health.
Child Custody and Healthcare Decisions

Child custody has two aspects: physical custody, which is where the children reside, and legal custody, which is who can make important decisions for them. This can include where they go to school, which religion they’re brought up in, what sports or extracurricular activities they can participate in, the medical or dental care they receive (except for in emergencies), etc. Either aspect of child custody can be awarded on a joint or sole basis. Further, the court can elect to award sole legal custody to one parent on certain issues but joint legal custody on others.
Both parents should familiarize themselves with the terms of their custody agreement to determine that their actions conform to what is required by the court. Ideally, the child custody order should provide enough detail to clarify which medical issues require shared decision-making, such as surgeries, long-term medications, psychiatric treatment, vaccination decisions, etc. Generally, however, co-parents with joint legal custody should consult with one another on major medical decisions and share information (as required by law) to maintain a cooperative relationship focused on what is best for their child’s welfare.
When Can a Parent Make Medical Decisions Alone?
If parents share legal custody of their children, does this mean that every medical decision, even something as small as whether to administer a dose of ibuprofen for a fever, needs to be agreed upon by both parents every time? Probably not. California Family Code § 3083 states that in situations of joint legal control, the court will clarify when both parents must agree to make legal decisions for the child and what happens if one parent fails to get consent. Otherwise, either parent may act alone. Joint legal custody doesn’t override physical custody unless the court specifically allows it.
Thus, scheduling a well-child visit or going to urgent care to get a sore throat tested for strep while your child is staying with you should not require prior consultation unless your custody order states otherwise.
Parents can also make certain medical decisions alone if they are necessary to deal with an emergency. For example, if your child is injured during a soccer game, you don’t have to wait for your co-parent’s say-so to authorize X-rays or a CT scan to determine if they have a broken bone or concussion. However, you should notify your co-parent of the situation as soon as possible.
Finally, a parent who has sole legal custody can make medical decisions without the input of the other parent, with one key caveat. The court’s overriding priority is what is in the best interest of the child, so the expectation is that the parent will make medical decisions consistent with safeguarding their child’s well-being. If the noncustodial parent feels that the treatment the child is receiving is unnecessary or harmful, or that the custodial parent is withholding treatment the child should be receiving, they can petition the court for a change in custody to regain the right to intervene.
Navigating Disagreements on Medical Care

When disagreements arise between co-parents regarding medical care for their shared child, they should first attempt to work out their differences to determine what course of action is right for the child before resorting to legal action. However, it may not always be possible to come to a reasonable agreement. One parent may be eager to try Ritalin or Adderall to alleviate the symptoms of ADHD that make it difficult for their child to concentrate in class or be in favor of an SSRI to help their autistic child cope with anxiety or depression, while the other parent is adamantly opposed to any long-term medications. Alternatively, one parent may object to the therapist the other has found for their child or want to try alternative treatments for their condition that their co-parent thinks may be ineffective or even unsafe. The evolving state of research and treatment for special needs conditions can mean that two well-intentioned parents may have legitimate differences over what approach is best for their child that they find impossible to resolve.
When parents are at an impasse regarding medical treatment, it may be necessary to return to court to have a judge decide on either a specific treatment or to modify the legal custody order to determine which parent is in the better position to make decisions relating to a child’s medical condition. In these situations, the testimony of the child’s medical providers and/or outside experts can help provide impartial perspectives on the treatment approach that is in their best interest. Should you be caught in an intractable dispute over how to handle your child’s medical care, it is essential to consult an experienced family law attorney. They can help you determine the best strategy to resolve the issue, and if it is necessary to go to court, build a compelling argument and gather the evidence needed to persuade a judge.
One final note: if you and your co-parent share legal custody but cannot agree on medical treatment for your child, you should not unilaterally initiate or discontinue medication, therapy, or a treatment protocol while the child is in your physical custody. The court is unlikely to look kindly on adversarial or uncooperative behavior. It is better to consult your attorney to help you avoid any actions that could harm your efforts to obtain the most appropriate care for your child.
Expert Legal Representation to Protect Your Child’s Well-Being
If you’re worried that your ex is making inappropriate medical decisions for your child without your consent, or you’re battling to get them to recognize medical needs they refuse to acknowledge, the compassionate family law attorneys at Hoover Krepelka can help. We work with expert consultants from The Bodin Group, who advise courts in cases with special needs children to help provide clarity on what is truly in their best interests. We will advocate vigorously for your rights and, most importantly, for your child’s well-being. To schedule your consultation, fill out the form below today.
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FAQS
Who has the right to make medical decisions for a child after divorce?
It depends on the custody arrangement. In joint legal custody, both parents typically share decision-making authority, including medical decisions.
Can one parent override the other on medical decisions in joint custody?
Not without agreement or a court order. Joint custody requires mutual consent for major medical decisions unless otherwise specified by the court.
What happens if divorced parents disagree on a child’s medical treatment?
If parents can’t agree, they may need to seek mediation or ask the court to decide what’s in the child’s best interest. Courts prioritize the child’s health and well-being in these situations.