“…no major medical decisions shall be made without both parents consulting one another and mutually agreeing on said treatment. Major medical decisions means surgeries and anything other than required vaccinations. In the event the parties are unable to agree on a medical decision they will yield to the decision of the child’s treating physician.”
Although I signed the Consent Order, I did not really agree with the last sentence of that item. No alternatives were sought by me or my attorney unfortunately. I greatly regret letting this one slide. Our attorneys are released from the custody part now. Though, we have the same attorneys and are still working on property ED settlement.
That sentence incorrectly places responsibility on the doctor. What can the wording be changed to that will remain within the confines of joint legal custody (and not get an automatic rejection from the other parent)? Have you had experience or know a source that provides legal ease that will put the responsibility back where it belongs → the parents?
Oftentimes such a sentence will read something like “in the event the parties are unable to reach a mutual healthcare decision for the minor child, then they shall follow the recommendation of the treating professional.”
A way to remove the treating professional/doctor altogether is to have a parenting coordinator (PC) appointed. The PC would have the authority to make decisions when the two parents cannot and the issue is not specifically addressed in the court order.
Another way to handle major healthcare decision disagreements is to attend a mediation session and the mediator will help the two parents reach an agreement.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
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