No, a parent who does not hold legal custody rights over their child is typically prevented from making key medical or healthcare decisions on that child’s behalf.
For example, during a divorce, the custody order should identify which parent has legal custody rights. With joint legal custody, parents have to work together and make decisions for their child. But if one parent is given sole legal custody and the other is not, then it is only the parent with those custody rights who can make decisions.
For example, perhaps a child needs certain shots or immunizations. One parent is in favor of them and the other is not. If the parent without legal custody rights tries to interfere or independently makes a decision, that could be a violation of the custody agreement. Even if they have physical custody rights, so they spend time with the child, they need to defer key decisions about healthcare, religion, education and much more to the parent who does hold legal custody rights.
Are there any exceptions?
One potential exception is if there is an emergency. If a child needs immediate medical care, a parent who is physically with the child can seek that type of care.
For instance, say a parent has visitation rights and gets to spend the afternoon independently with the child. They take them to the playground, where the child falls and suffers an apparent traumatic brain injury (TBI). Even though that parent does not have legal custody rights, they can typically seek emergency medical care and prioritize the child’s well-being. They just need to make every effort to inform the other parent as soon as it is possible to do so.
Distinctions between legal and physical custody rights are important, and disputes in these areas are common. Those who find themselves in this position must know about all of their legal options.