What are the rights of non custodial parent about medical care? 3 Answers as of July 10, 2013I am the custodial parent and the non custodial parent is upset because I have our daughter on a medication for her anxiety and ocd and I didn't tell him. He called her dr after he found out and demanded an appt to see her with our daughter and has scared her into not wanting to take her medication. I'm wondering what his right are as far as his involvement. I am the one who provides the medical insurance and he doesn't have an income. I need to know if he has a say in whether or not she takes the medication, and if he can take our daughter to the dr without my consent.
Law Office of Michael W. Bugni | Jay W. Neff
As to what rights each parent has regarding a child's medical treatment, the first place you have to look is in the parenting plan. In general, the parties are supposed to follow whatever rules are set out in that document. If your parenting plan does not adequately deal with the situation, or if your ex-spouse is ignoring the parenting plan, the next think to consider is involving the dispute resolution process as set forth in your parenting plan. However, depending on what dispute resolution your parenting plan specifies, that can sometimes be quite slow. Because this involves medical treatment, time, in your situation, may be critical. If it is, then, you may wish to hire an attorney to get back into court fairly quickly, so that the court can enter a temporary order limiting or clarifying rights until you can go through the dispute resolution process. Finally, if the situation is bad enough, or if you cannot get matters resolved through the dispute resolution process, it may be appropriate to bring a formal petition to modify the parenting plan.
Answer Applies to: Washington