What happens if one parent wants our child to be tested for cv19 and the other does not? Both parents have joint legal custody. Personally, if symptoms are present then we would stay home and seek medical attention if became necessary. Other parent seems to think testing should happen first. I disagree with the validity of cv19 tests and more. What should I be considering or doing to ensure other parent does not test our child without my consent? Our pediatrician is aware of our other disagreements about other medical and health issues for our child but that does not mean the doctor/nurse will respect my expressed wish to be informed or notified.
Merely testing a child for COVID-19 is likely not a major decision affecting the health and general wellbeing of the minor child, unless your court order states otherwise. Therefore, one parent would not need the consent of the other merely to have a child tested, since the parent is seeking a test instead of treatment of any kind.
Testing the minor child for COVID-19 is not a precursor to visitation or custodial time for any reason, and the custody schedule must be followed as normal unless the child or one of the parents or someone in one of the parents’ households has tested positive for COVID-19 or is showing symptoms of COVID-19.
Attempting to work together with the other parent and attempting to work together as amicably as possible is the best thing you can do while co-parenting during the pandemic.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here
The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.