Parents’ Rights
Generally speaking, parents have a right to raise their children in whatever manner they see fit. Although these rights do vary from state to state, they are, more or less, very extensive. In America, the government does not want to get too involved in a child’s upbringing, therefore, the government tends to offer parents quite a lot of freedom. Parents generally have the right to decide whether or not to use corporal punishment; whether or not to send their child to public school or homeschool; and, if the children are homeschooled, there isn’t always a lot of protocols put in place to ensure the child is learning what other children are learning in public school. Medical decisions are also generally left up to the parents. If the parents want to save money by not taking their children to the dentist, that’s their decision, and they have a right to do as they please.
Medical Neglect
While parents can raise their children in whatever way they see fit, they do have to provide for the child’s basic needs and, of course, they cannot abuse or neglect their children. Medical neglect may occur when a child’s medical needs aren’t being met. While parents can avoid taking the child to the dentist, they generally need to provide dental care when needed—when the child has a cavity, for example. If a parent does not provide proper care even when they know or reasonably should know that the child needs medical attention, the parent’s actions may be considered to be medical neglect, especially if the child ends up harmed due to lack of medical care. While medical neglect may not result in instant removal from the home, parents may eventually have the children removed if they continue to ignore the child’s needs.
When Do You Have to Follow the Doctor’s Orders?
Parents generally have the right to choose how to treat their children’s illnesses and ailments. So, if the parents want to treat their children using alternative medicine, they’re generally able to explore that path. However, the efficacy of those treatments may be extremely important, especially for serious and/or chronic conditions. For example, if your child is battling leukemia, you would not likely have the right to treat them with herbal tea alone, especially after a doctor has advised other treatment plans that are significantly more effective than your preferred method of treatments. While you may choose to follow one doctor’s orders against another doctor’s orders, you will likely have to follow the advice of a licensed medical professional if your child is not responding to alternative medicine or is getting even worse. Failure to follow medical advice at your child’s expense could result in the child being removed from the home in instances where the child needs medical treatment. If, for example, you’ve chosen not to give your child a blood transfusion, but the child needs it to survive, the state would likely force the parents to follow through on the treatment.
When Parents Don’t Agree
If you and your spouse are divorced, you may need to reach an agreement with your spouse about treating your child’s illness, and this may be the case even in situations where alternative medicine isn’t even a consideration. If, say, your child has a medical condition that may be improved with surgery, one parent may want the child to undergo the surgery while the other may not. In such a case, parents would have to consult their divorce decree to see if there are any provisions regarding who gets to make decisions for the child’s medical needs. Some decrees do have a final say provision, giving one parent unilateral power to ultimately decide what will happen. It’s important for parents to understand that final-say provisions would not necessarily apply to a necessary procedure. Final-say provisions would typically make more of a difference when it comes to elective care. However, it is very standard for both parents to have a say in the child’s medical needs and final say provisions are becoming increasingly less common. In a case where there is no final say provision, you will need to go to court if you and your spouse cannot reach an agreement regarding the child’s medical care.
The Child’s Best Interests
A judge will make a ruling based on the child’s best interests. This does not automatically mean that the judge will rule against the party suggesting alternative medicine. Instead, the judge will look at the efficacy of the treatments being proposed, listen to medical professionals and their opinions on the treatments, as well as other factors. A judge may also consider how crucial the treatment is. For instance, there may be certain medical issues that need immediate and specialized attention and results. If your child has an infection, that will most likely need to be treated immediately. However, if the medical concern isn’t serious, the judge may be more willing to allow parents to explore alternative medicine.
When You Need Legal Advice
If you and your ex are struggling to reach an agreement regarding important medical issues and your child, CoilLaw is here for you. Contact us today to schedule your initial consultation.
