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The parents have equal rights regarding the children since no other legal custody arrangement has been adjudicated. They are also still legally married and the spouses would have legal rights each for the other if there was a medical emergency or death. However, each separated spouse could execute a health proxy, living will and/or Durable Power of Attorney designating another person to make medical decisions for them in case they become legally incapacitated and unable to direct their own medical treatment. You should consult with an attorney who can review your situation and explain your options under your state law.

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13y ago
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6y ago

They are also still legally married and the spouses would have legal rights each for the other if there was a medical emergency or death. However, each separated spouse could execute a health proxy, living will and/or Durable Power of Attorney designating another person to make medical decisions for them in case they become legally incapacitated and unable to direct their own medical treatment. You should consult with an attorney who can review your situation and explain your options under your state law.

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Q: If a couple is still legally married with two minor children but separated for 7 years what rights does the spouse without the children have in making medical decision for the spouse with children?
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