Joint Cust and Medical Issues


#1

Back again in need of the legalities.

Dad and I have Joint Legal Custody and shared Physical, but I have more overnights. I guess that establishes me as primary?

Anyway, our son has had several problems with his ears and 1 day shy of 3 weeks ago I notified Dad that our son had an appointment with an ENT specialist. I gave him the day, time, address and name of the office. He went so far as to ask if I wanted a ride with him.
Dad did not show up. I sent dad a text asking if he was in agreement with our son getting tubes. After doing that I figured it best to send an email about the appointment.
I told dad in the email that,

  1. our son has mild to moderate hearing loss, which is and will affect his speech.
  2. the tubes are recommended to eliminate the fluid in his ears and eliminate most of the hearing issues.
  3. I listed what would need to be watched for since he would have him for a visit 2 days after the surgery.

Dad text me back several hours later and asked if there were other options.

How far do my rights go to have the tubes done since it is affecting our son’s hearing and speech development? And since Dad knew of the appointment and refused to show up and be included in the doctor’s recommendations?


#2

Yes, it does sound like you have primary custody. As to what your rights are re: the tubes, it depends upon the language of your agreement/order. If the agreement says you need to agree on all medical issues, then you must have his consent. Otherwise, if it doesn’t say such a thing, then you are good to go on your own.


#3

No it has no such wording. It just states that we will strive to communicate in matters relating to the child and each of us have complete access to school and medical records.

Thanks for the clarification!


#4

You are welcome! Good luck.