Custody & Kidnapping

In general, if parents have joint legal custody, it may be the case that either parent could be able to determine what course of medical treatment is appropriate for the child. Often times, in joint custody situations, there is a mechanism in place for when the parents cannot agree on a major issue regarding the child - such as mediation or a parenting coordinator. Other times, a parent may go back to the court to ask the judge to decide on the issue. So, for example, sometimes a parent may try to file in court to modify the court order to ask for full decision-making power over medical decisions if the other parent seems to be not following doctor’s orders. In general, to modify an order, a parent may have to show that there has been a significant change in circumstances or that the other parent is violating the order.

Another alternative is that a parent may try to modify the order to include a clause that both parents follow prescribed treatment of doctors. In cases involving medication or medical treatment, sometimes a person may need a letter from a doctor explaining the harm of having a child being on and off medication or may need the doctor to testify in a hearing to convince a judge to include a provision about requiring a parent to provide prescribed medication.

Again, I cannot talk about your situation and so it is important to get good legal advice from a knowledgeable custody attorney. Here is a link for lawyers, some of which may be free or low-cost if you qualify: LINK