When parents share custody of a child in Georgia, one of the most critical questions that arise is: Who makes medical decisions? Understanding how Georgia law approaches medical decision-making in shared custody arrangements is essential for co-parents who want to avoid conflicts and prioritize their child’s health.
Legal vs. Physical Custody in Georgia
In Georgia, child custody is divided into two primary categories:
- Physical Custody: Determines where the child primarily resides.
- Legal Custody: Grants a parent the right to make significant decisions about the child’s life, including healthcare, education, and religious upbringing.
When parents have joint legal custody, they are both responsible for making important decisions, including those related to medical care. However, in many cases, the court designates one parent as having final decision-making authority in specific areas, including medical decisions.
Emergency vs. Non-Emergency Medical Decisions
- Emergency Medical Situations: If the child needs immediate medical attention, the parent who has physical custody at that moment can make urgent medical decisions without consulting the other parent.
- Non-Emergency Medical Care: Decisions regarding routine check-ups, vaccinations, or elective procedures usually require both parents to agree unless one parent has been given final decision-making authority.
What Happens If Parents Disagree on Medical Treatment?
If both parents share joint legal custody and cannot agree on a medical issue, the parent who has final decision-making authority will have the last say. If neither parent has sole decision-making power, disputes may need to be resolved through:
- Mediation
- Court intervention
- Following the parenting plan set by the court
Why a Parenting Plan is Essential for Medical Decisions
A well-structured parenting plan can help avoid confusion by outlining:
- Which parent has final decision-making authority over healthcare matters
- Procedures for communication and consent regarding medical treatments
- How medical expenses will be shared
Key Takeaways for Parents with Shared Custody in Georgia
- Joint legal custody means both parents share decision-making responsibilities.
- Final decision-making authority can be granted to one parent in medical matters.
- Emergency medical decisions can be made by the parent who has the child at the time.
- A detailed parenting plan can help minimize conflicts regarding medical care.
By understanding Georgia’s child custody laws and creating a clear parenting plan, co-parents can ensure that medical decisions are made smoothly, keeping their child’s health as the top priority. If you need legal advice regarding medical decision-making and child custody in Georgia, call Platt Family Law today.
