If you are thinking about getting a divorce, one question that many parents ask is: who makes the medical decisions for the kids after the divorce is finalized? The answer depends on the custody arrangements ordered by the Maryland divorce court. Generally speaking, a parent with sole custody will make medical decisions and does not need to consult with the other parent. However, where custody is shared, both parents must be involved in any medical decision unless the matter is a medical emergency. If custody is shared, then the other parent should be informed of the medical emergency as soon as possible.

If you are considering getting divorced in Maryland, contact us here at the Law Office of Robert Castro. Please call us at (301) 870-1200 or use our contact page. We have offices in Waldorf, Maryland. More information about medical decisions after a Maryland divorce is provided below.

When making custody decisions, Maryland divorce court judges consider two types of custody: physical and legal. Physical custody — also called custodial custody — involves the actual physical control of the child or children, such as where the child/children live, sleep, etc. Legal custody involves which parent has the power and responsibility to make important “life decisions” for the child/children, including matters like schooling, religious upbringing, and medical care. Unless the facts of the case show strong negative reasons, most Maryland divorce court judges prefer to award joint legal custody even if they award sole physical custody to one parent or the other.

Since medical care is considered part of legal custody, answering which parent makes medical decisions depends on what award the Maryland divorce court made concerning legal custody. If the court awarded any form of joint legal custody, then both parents must be involved in any significant medical decision. This generally means that one parent cannot make major medical decisions for the child or children without the permission of the other parent. As noted, there is an exception for emergency medical care and procedures. However, as also noted, as soon as possible, the other parent must be notified, given full information, and given the opportunity to agree or disagree with any proposed medical care and/or treatment.

If the parents cannot agree with respect to major medical care/treatment, then the matter must be raised with the Maryland divorce court. The matter is raised by filing papers with the appropriate court and asking the court for a decision. In addition to the views of the parents, the opinions of the relevant medical care providers will be very important in what the court decides.

As noted, where one parent is awarded sole legal custody, then major medical decisions are made by that one parent without the need to obtain permission from the other parent. However, even under such circumstances, if there is a strong objection to a medical decision, the other parent CAN raise the matter with the divorce court.

Contact Waldorf, Maryland Family Law and Child Custody Lawyer Robert Castro Today

This article has been provided by the Law Office of Robert Castro. For more information or questions, contact our office to speak to an experienced Maryland family law and divorce lawyer at (301) 870-1200. We are Waldorf, MD, Family Law lawyers. Our address is 11701 Central Avenue, Suite 200, Waldorf, MD 20601.