Most child support and custody agreements will broadly address medical decisions. This can include: who pays for medical insurance, special medications, and medical care not covered by insurance. However, standard custody agreements typically do not include when to take your child to the doctor, approved doctors, sharing medical records, or notifying the other parent when your child has to see the doctor. 
It becomes especially important when your child has a medical condition to have an agreement in place ahead of time. This removes a lot of the last-minute guess work and stress you may experience if a medical situation arises.
How to Structure Your Custody Agreement So You Can Avoid Disagreements
An experienced Tulsa divorce attorney should advise you of the best way to protect your child and ensure proper medical treatment is consistently provided by covering specific medical aspects in the custody agreement.
Some great categories to discuss with the other parent and with your divorce attorney are:
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approved physicians that your child can visit
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when each parent should be notified when the child is taken to the doctors
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surgeries
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medications
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sharing medical records
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what circumstances necessitate a doctor’s visit
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frequency of check-ups
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vaccines
Discussing with the other parent about these medical decisions prior to a situation arising creates an easy and straightforward plan that both parents both agree on.
Who Has Final Decision Making?
It is really important to note that if your custody agreement does not speak to medical decisions, or situations, your divorce attorney can help explain who has the final say in these kinds of choices.
In general, medical decisions are open-ended, so knowing which parent has legal custody or who the primary custodial parent is, will help immensely when needing to make these types of decisions. Typically the parent who has “legal custody” has the final word when making medical decisions.
If you have joint legal custody, then it is very important to create your custody agreement with a divorce attorney outlining the above topics in order to minimize confusion in a medical event.
Requesting Change in Custody
Grounds for a change in custody may include a parent’s action or inaction in providing medical attention. For example, if a parent is not giving prescribed medication to the child, this could be grounds for a change in custody.
Other examples for a change in custody include if one parent has better access to medical care the child needs, home environment is more conducive to the child’s medical condition, or one parent is more available to provide surgery aftercare.
Emergencies
In the case of an emergency, state law allows either parent to seek immediate emergency care even if you are not the primary parent. If you have been in a car accident with your child, you have the right to take your child to the emergency room or allow emergency personnel to transport your child to the hospital under your care.
However, if there is an emergency situation that you become aware of involving your child and your child is not in your care, and the other parent is refusing to provide medical care then you may need to involve the court system.
A skilled Tulsa divorce attorney can assist you in preparing a motion for either a temporary restraining order or emergency custody modification. In addition, your divorce attorney may advise contacting the police or the Oklahoma Child Welfare Agency. Children have protections and rights to medical services under the law and the authorities may need to know when this is not being honored.
Free Consultation with a Tulsa Family Law Attorney
Having a family law attorney that is highly skilled will ensure that your child custody agreement is properly drafted to protect your child in the case of a medical situation. If your custody agreement has already been filed with the court, an experienced family law attorney can still make sure your position and your child’s health is well represented in the case of a medical event.
Hiring a knowledgeable family law attorney will ensure the process is expertly conducted and your interests are well represented.
Contact an experienced Tulsa divorce attorney when you need to go through the Oklahoma custody agreement process.
For a free confidential consultation, call now: 918-924-5526.
