My ex and I are both physicians with shared joint custody. We argue about how to best medically treat our child and he says I need to ask hi...

Question

My ex and I are both physicians with shared joint custody. We argue about how to best medically treat our child and he says I need to ask him permission before giving her medications, e.g. for our child's asthma. Do I need his permission? I am a pediatrician so treating her is within my field of expertise.

Answer

Generally, when parents have joint custody, they must agree on major medical decisions regarding their child. If there is an "emergency," the parent exercising his/her time can take necessary steps to address the situation and then notify the other parent as soon as possible; however, in a non-emergency situation, the parents must agree. You didn't indicate whether he demands that you seek his permission for each "instance" of treatment, or for the overall treatment protocol; however, I can understand (given your profession) why you would be frustrated by his behavior. If he believes you are making an unsound decision regarding your child's treatment, you might want to consider proposing that the two of you jointly seek out a second opinion to help "break the tie" before taking a matter like this to mediation or (worst case scenario) to the judge.

Answer

I am not sure this would be considered a "major" medical decision. There are steps that can be taken to address the disagreement (mediation), and perhaps you would at some point want to consider seeking a change to the legal designation.

We can certainly help you consider and then pursue your options.

One of our attorneys can explain the issues and procedures better in person. As you can imagine, there is too much to cover via email. We offer free 1/2 hour consultations, in which we can discuss your matter in detail.

Please call us directly to discuss the specifics of your matter, or contact my assistant Alicia or my paralegal Jennifer to schedule your free 1/2 hour consultation.

/s/ Rich J. Peters

R.J. Peters & Assoc., P.C.

1422 North 2nd Street, Suite 100

Phoenix, Arizona 85004

602-254-7251

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see our website at www.familylawaz.com