Medical decision-making is one of the major decisions typically addressed in a Washington parenting plan. How this authority is allocated can significantly affect how co-parents handle everything from routine checkups to more serious medical situations. Working with an attorney to ensure you understand your Parenting Plan is an important step to continue your involvement in your child’s life and compliance with the Court Order.
Joint vs. Sole Decision-Making Authority
Washington parenting plans typically designate whether medical decisions require joint agreement between both parents or whether one parent has sole authority to make these decisions. The choice between joint and sole authority often depends on the parents' ability to communicate and cooperate effectively on important issues affecting the child. It can also be impacted by issues such as domestic violence, prior drug use, or child negligence.
Access to Medical Records and Providers
Regardless of who holds decision-making authority, in most situations, both parents generally retain the right to access their child's medical records and communicate with healthcare providers, unless a court has specifically limited this access. Though, please note that children over certain ages may have rights to withhold records from parents in Washington. Clear communication with medical providers about both parents' roles can help avoid confusion, particularly during emergencies.
Handling Disagreements Over Medical Treatment
When parents disagree about a specific medical treatment, such as elective procedures, mental health treatment, or alternative medicine, the parenting plan's dispute resolution provisions often come into play. This is most typically a mediation requirement, though arbitration may also come into play. In more significant disputes, parents may need to return to court for a resolution if mediation or other methods are unsuccessful.
Emergency Medical Situations
Most parenting plans include provisions allowing either parent to consent to emergency medical treatment when the child is in their care, regardless of the general decision-making structure, recognizing that emergencies require immediate action. This ensures a child can receive necessary care without delay, even if the parents otherwise share decision-making authority. With that in mind, what treatment is defined as emergency can still become a debate or future court battle.
Hiring an Attorney
Medical decision-making provisions are an important part of a parenting plan, particularly for families managing ongoing or complex health needs. Every Parenting Plan will require some determination as to joint or limited decision-making. At Magnuson Lowell, P.S., we help parents throughout Washington craft parenting plans that address medical decision-making clearly and effectively. We offer free telephone case evaluations to discuss your situation - 425-800-0573
