Can Non-Custodial Dad Take Son to Dr.?

[NotAnAttorney]

What is the name of your state? Arkansas

My husband only has standard visitation. His ex has sole custody - physical and legal, I believe. The papers say "The Petitioner is the proper person to have the care, custody, and control of the minor child." so I believe that means that Mom has both sole legal and physical custody.

My husband has been providing most of his medical care for him... i.e. when he had a broken arm, Dad took him for his follow-up appointments during his summer visitation... when he had pneumonia, Dad took him to the pediatrician during a weekend visit, Dad took him for an eye exam over Spring Break, etc. Dad has a Dental Exam scheduled for him this summer. So far, Mom has said nothing about it... and has almost always known in advance, except for the situations in which he was sick and Dad just e-mailed her after the Dr. appointment. The first follow-up appointment on the broken arm, Mom actually scheduled during Dad's summer visitation on her own.

But, as we have been sitting here reading through some of the older threads... my husband is wondering... is he ALLOWED to be taking his son for these appointments since he does not have any form of custody, only visitation? Through some of the other threads, it appears that he may be setting himself up for trouble by taking his son for these appointments.

***I edited my typo*** changed the word "joint" to "legal" in the first paragraph.

 

[BelizeBreeze]

What is the name of your state? Arkansas

My husband only has standard visitation. His ex has sole custody - physical and legal, I believe. The papers say "The Petitioner is the proper person to have the care, custody, and control of the minor child." so I believe that means that Mom has both sole joint and physical custody.

My husband has been providing most of his medical care for him... i.e. when he had a broken arm, Dad took him for his follow-up appointments during his summer visitation... when he had pneumonia, Dad took him to the pediatrician during a weekend visit, Dad took him for an eye exam over Spring Break, etc. Dad has a Dental Exam scheduled for him this summer. So far, Mom has said nothing about it... and has almost always known in advance, except for the situations in which he was sick and Dad just e-mailed her after the Dr. appointment. The first follow-up appointment on the broken arm, Mom actually scheduled during Dad's summer visitation on her own.

But, as we have been sitting here reading through some of the older threads... my husband is wondering... is he ALLOWED to be taking his son for these appointments since he does not have any form of custody, only visitation? Through some of the other threads, it appears that he may be setting himself up for trouble by taking his son for these appointments.

Of course he's not allowed to. The bullet in his head will just have to wait until mommy has time to admit him.

 

[Lisabyday]

Of course he's not allowed to. The bullet in his head will just have to wait until mommy has time to admit him.

Yikes! Gotta love your response.

 

[NotAnAttorney]

Obviously, he is permitted for EMERGENCY medical care. I think if you would have read, you would know that wasn't what I was asking. I'm talking about things like the follow-up appointments on the broken arm, the eye exams, the dental exams, the appointment on the pneumonia (he had it all week but she didn't take him, he went on weekend visitation to the Saturday Clinic), etc. This type of thing. He does not have Joint Legal Custody, therefore no legal right to make decisions concerning him.

So, since apparently, you are saying he is permitted to provide the medical care, he could also start taking him for counseling too, right? Does he have to ask Mom first?

 

[rmet4nzkx]

Yes your husband can consent to medical care for his son while in his care and informing the other parent as he has in the past. http://www.emedicine.com/emerg/topic740.htm It would be wise to clarify his custody status, he may in fact have joint legal and she primary residential custody. Some parental rights exist without regard to custodial status unless a court has specifically ruled otherwise.

 

[NotAnAttorney]

His papers simply say that she is the proper person to have the "care, custody, and control of the minor child". It doesn't say anything in it at all anywhere about physical or legal anything. That's where we both get really confused. It does state that both parties are to keep the other informed of all pertinent information regarding the health, education, and welfare of the child... but I don't know if that means anything.

How would he find clarification? I know that he strongly objected to his son being placed on medication for ADHD because he was a straight A student without it and it didn't matter, but it didn't go into the courts. He only made his opinion known to the mother and the doctor.

 

[GrowUp!]

His papers simply say that she is the proper person to have the "care, custody, and control of the minor child". It doesn't say anything in it at all anywhere about physical or legal anything. That's where we both get really confused. It does state that both parties are to keep the other informed of all pertinent information regarding the health, education, and welfare of the child... but I don't know if that means anything.

Look at the bolded part. There is no way in hell that any court will not allow an NCP to seek medical care for their child while in their care. Can you even realize the possible legal ramifications of that?! BB's response, while some might think is funny, if you think about it -- is NOT and very valid example.

As rmet stated, BOTH parents have the same rights re: the child, unless it's ordered otherwise (and those are usually extreme circumstances), but it does not need to necessarily spell that out that "both parents have the same rights", etc.

How would he find clarification? I know that he strongly objected to his son being placed on medication for ADHD because he was a straight A student without it and it didn't matter, but it didn't go into the courts. He only made his opinion known to the mother and the doctor.

Meds for ADHD and permission to take Junior to the hospital because he's choking and turning purple are two different things. Now, if Jr's grades and overall education performance is suffering since being on the meds, now that's a reason to either work it out w/the other parent or take it to court.