When Georgia parents share custody after a divorce or separation, questions often arise about who has the authority to make medical decisions for their child. Clear understanding of legal custody and how decision-making works can help avoid confusion—and legal conflict.
What Is Legal Custody?
In Georgia, custody is split into two parts:
- Physical custody: where the child lives
- Legal custody: who makes major decisions for the child—including medical care, education, extracurricular activities and religion
Parents may share joint legal custody, which means they both have a say in important decisions. However, courts will then designate one parent with final decision-making authority in specific areas (e.g., medical), to break ties when parents disagree.
Who Can Make Medical Decisions?
If you share joint legal custody:
- Both parents are expected to discuss and agree on major medical decisions, such as surgeries, therapy, or long-term treatment.
- Either parent can authorize emergency care when immediate action is needed to protect the child’s health.
Routine care—such as checkups or vaccinations—should be communicated between parents and mutually agreed upon when possible.
What Happens If You Disagree?
If co-parents can’t agree on a medical decision, the parent with final decision-making authority for medical issues (as assigned in the custody order) has the legal right to decide.
If the other parent strongly disagrees and believes the decision is not in the child’s best interest, they may petition the court to modify custody or reassign decision-making authority.
Sole Legal Custody
If one parent has sole legal custody, they have the exclusive right to make all major decisions, including medical, without input from the other parent. This is more common in cases involving very high conflict, abuse, or a parent who is absent or uninvolved.
Best Practices for Co-Parents
To avoid conflict and keep your child’s care consistent:
- Communicate clearly and regularly about appointments and treatments
- Share access to medical records and insurance information
- Use co-parenting tools like shared calendars or apps
- Put agreements in writing when possible
Need Legal Help?
At Platt Family Law, we help Georgia parents navigate the complexities of shared custody—including medical decision-making, modifying court orders, and resolving disputes. If you’re dealing with a custody issue or disagreement, we’re here to help.
Contact us today for a confidential consultation with an experienced Georgia family law attorney.
