Non-custodial parent taking minor child to doctor

[LdiJ]

This thread got WAY off the topic. The bottom line is that in a situation where one parent has sole legal/physical custody that is the only parent who can authorize medical care....EXCEPT in emergency situations and even that has rules. That is legal reality. This is a board for legal advice..this thread seriously strayed from the boards purpose.

 

[I AM ALWAYS LIABLE]

The bottom line is that in a situation where one parent has sole legal/physical custody that is the only parent who can authorize medical care....EXCEPT in emergency situations and even that has rules.

My response:

Show me a statute or case law that says that. I don't recall any law that says that a parent, that has visitation, cannot be a parent. By the way, "being a parent" includes taking your sick child to a doctor.

So, show me some authority for your statement.

IAAL

 

[LdiJ]

My response:

Show me a statute or case law that says that. I don't recall any law that says that a parent, that has visitation, cannot be a parent. By the way, "being a parent" includes taking your sick child to a doctor.

So, show me some authority for your statement.

IAAL

Nope...I am not going to do that. The reason why I am not going to do that is because you are a family law attorney and you know darned well that what I said was legally accurate....even in YOUR state.

Dang it IAAL..you know than just about anyone else on this site but you STILL...arg I am tired and going to bed now.

 

[I AM ALWAYS LIABLE]

Nope...I am not going to do that. The reason why I am not going to do that is because you are a family law attorney and you know darned well that what I said was legally accurate....even in YOUR state.

MY RESPONSE: That was a real stupid statement. That's not the law in California, nor anywhere else. Ergo, you can't show me any law concerning this subject, rendering your statement of the "law" as being NOT legally accurate. Get another job, will you?



Dang it IAAL..you know than just about anyone else on this site but you STILL...arg I am tired and going to bed now.

MY RESPONSE: What were you trying to communicate with this undecipherable sentence? But, I agree you should go to bed. Your brain needs some rest.

IAAL

 

[casa]

I hate to interject in certain threads....this is one of them

BUT as a CP with sole legal and physical custody of one of my children: The NCP absolutely CAN take the child to the Dr. Certainly in an Emergency situation, but also in a situation where the child is in the 'care of' the NCP. ie; is visiting with the NCP and is ill and the NCP thinks they require treatment. ie; if they are coughing and have possibly bronchitis...or is sick and NCP does not know why, but wants to make sure they get medication if they need it. In fact the NCP could be liable if the child <for example> had a fever and did nothing about it, and the fever resulted in a more complicated physical condition due to the fever not being treated. (which can happen with certain high fevers).

I have learned this from both experience and observation. Not from trying to keep NCP from treating our child, but for example, once NCP called and asked about taking our child to the Dr. I said "OK" and then called attorney to find out how we could get 'proper authorization' for NCP to treat the child if/when a situation arose in the future, and was told all I have just said.

The issue with legal custody comes into play moreso in situations of consent for medical procedures like surgery (or voluntary testing etc.), Psychiatric treatment/consent, major educational decisions and Religious decisions. If you go before a judge to complain an NCP took your child to the Dr. when they were sick, you'd look like a fool.

In an Emergency situation- Anyone can seek treatment, a neighbor, a teacher, a stranger on the street who happens upon an accident. It all boils down <according to the legal field> to what serves the best interest of the child and the childs Health & Welfare at that TIME.

My 2c from experience in my own life, and from observations in family matters' issues related to children's safety and wellbeing.

I am still wondering what the problem OP has with the other parent taking the child to the Dr.????

 

[I AM ALWAYS LIABLE]

I am still wondering what the problem OP has with the other parent taking the child to the Dr.????

My response:

The answer to that is in my initial response to the writer on page one. I asked our writer where the trailer was in her story.

IAAL

 

[Chelle0511]

Job

Nope...I am not going to do that. The reason why I am not going to do that is because you are a family law attorney and you know darned well that what I said was legally accurate....even in YOUR state.

MY RESPONSE: That was a real stupid statement. That's not the law in California, nor anywhere else. Ergo, you can't show me any law concerning this subject, rendering your statement of the "law" as being NOT legally accurate. Get another job, will you? {Quote}

~Get another job???????????? I think that I'm speaking for alot of people when I ask what his/her job is if he/she think that they know the law vs. an attorney.~

 

[Rideacowboy]

What is the name of your state? Missouri

My son's father took him to the doctor recently without consulting with his regular doctor and without consulting with me. This is the second time he has taken him to a doctor and without the doctor being properly informed regarding custody. He has visitation rights only. I have full legal/physical custody of my son. I feel the doctor neglected in requesting the proper information regarding legal custody and practicing medicine on my son without my permission. This was not an emergency situation. What should be my next step?

i bet if the father didnt take the child to the doctor you would be screeching also......im thinking some major control issues

 

[blendedfamily]

I'm going to ask a question I'm not sure if I should start a new thread though...
If NCP sees child is sick and does nothing....and then something bigger comes out of sickness...can the NCP be held liable?? Inspeaking with DCFS I'm told yes if you the parent know child is sickk and do nothing thats NEGLECTE..ang NCP can be chagred the same as CP for failing to protect...so how can NCP be held liable but not given the legal grounds to protect themselves ie..taking child to Dr.

 

[rmet4nzkx]

I'm going to ask a question I'm not sure if I should start a new thread though...
If NCP sees child is sick and does nothing....and then something bigger comes out of sickness...can the NCP be held liable?? Inspeaking with DCFS I'm told yes if you the parent know child is sickk and do nothing thats NEGLECTE..ang NCP can be chagred the same as CP for failing to protect...so how can NCP be held liable but not given the legal grounds to protect themselves ie..taking child to Dr.

Which goes back to the original question, just because OP has sole custody does not prevent NCP from obtaining medical for the child in good faith, it doesn't have to be an emergency. This is a control issue for many CP's, there is no law in any state stating that a CP with sole custody can prevent the NCP from obtaining medical care for the child or has to give permission for treatment, no matter what some of the postes have posted, nor did they respond to the challenge to post the law because it doesn't exist.

 

[stepmom&mom]

Actually, the state laws pretty much dictate whether or not a non-custodial parent has right to medical records and information (see HIPAA), attending doctor's appointments, etc. From a legal standpoint, in most states, either parent has a right to get the child medical attention, unless there is a court order which prevents them from doing such.

 

[stepmom&mom]

Not only that....but in many cases, the NCP is required to carry the medical insurance for the child. Now how stupid would it be if the NCP carries insurance and they can't take their kid to the doctor?

 

[stealth2]

My only objection is when the NCP takes the kid(s) to the doctor and refuses to tell the CP what transpired. (and yes, it's as bad when it's the other way around.)

 

[stepmom&mom]

My husband is dealing with a CP that refused to tell us who his daughter's doctor is (and HE'S the one carrying the insurance.) She also claims that the daughter has been diagnosed with ADD, but won't give us info about that either. I don't understand why a parent wouldn't want the other parent to be involved in giving the child the best healthcare available. If I knew my child was in someone else's care, I would want to make sure that if there were an emergency or illness that the child could be taken to the doctor or emergency room. Not giving the other parent access to medical info is only about control.

 

[Reyna7]

Answered your own Question

I don't understand why a parent wouldn't want the other parent to be involved in giving the child the best healthcare available. Not giving the other parent access to medical info is only about control.

Not giving information is all about control. I see it all the time with my husband and his ex. She loves to hide things from him, then use that to tell the kids...see dad didn't care enough to do..._____.

It is a sad world we live in where this game is played.

I did notice that the OP has not come back to defend her actions or explain anymore as to why she was concerned.