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What are legal custody medical care decisions?

Updated: 8/20/2019
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11y ago

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The person who has sole legal custody of their own child by virtue of a court order or by operation of law has the right to make decisions about medical care for that child. That means they can take the child to the doctor for routine medical care, allow treatment at a hospital, approve medications, take the child for counseling, have the child immunized, get dental treatment, etc.

That same right applies when the court appoints a guardian. The guardian has the right to make medical decisions for their ward.

The person who has sole legal custody of their own child by virtue of a court order or by operation of law has the right to make decisions about medical care for that child. That means they can take the child to the doctor for routine medical care, allow treatment at a hospital, approve medications, take the child for counseling, have the child immunized, get dental treatment, etc.

That same right applies when the court appoints a guardian. The guardian has the right to make medical decisions for their ward.

The person who has sole legal custody of their own child by virtue of a court order or by operation of law has the right to make decisions about medical care for that child. That means they can take the child to the doctor for routine medical care, allow treatment at a hospital, approve medications, take the child for counseling, have the child immunized, get dental treatment, etc.

That same right applies when the court appoints a guardian. The guardian has the right to make medical decisions for their ward.

The person who has sole legal custody of their own child by virtue of a court order or by operation of law has the right to make decisions about medical care for that child. That means they can take the child to the doctor for routine medical care, allow treatment at a hospital, approve medications, take the child for counseling, have the child immunized, get dental treatment, etc.

That same right applies when the court appoints a guardian. The guardian has the right to make medical decisions for their ward.

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11y ago
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Wiki User

11y ago

The person who has sole legal custody of their own child by virtue of a court order or by operation of law has the right to make decisions about medical care for that child. That means they can take the child to the doctor for routine medical care, allow treatment at a hospital, approve medications, take the child for counseling, have the child immunized, get dental treatment, etc.

That same right applies when the court appoints a guardian. The guardian has the right to make medical decisions for their ward.

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In Illinois if father has residential custody is he allowed to make medical decisions?

You would need to look at the part of your custody paperwork that pertains to legal custody. Full legal custody to one parent means that they are solely responsible for legal decisions such as medical care, while joint legal custody means that either parent can make those decisions while the child is in their care. In a joint legal custody both parents have equal say and any differences of opinion may need to be settled by the court.


I have full physical custody but share joint legal with my ex husband when it comes to my sons behavior care meaning where he seeks treatment treatment programs etc who has upper hand?

If you have joint legal custody then you are equal in your rights to make legal decisions regarding your son and all major decisions such as those concerning his education and medical treatment. You should try to make those decisions together. If he lives with you, you have the greater influence over his behavior. When he is with his father, his father has the right to make decisions regarding his care and behavior while he is in his father's custody.


What is the legal definition of care custody and control?

Legal definition of care, custody and control?


What does it mean to have primary physical and legal custody?

Primary legal custody means the parent/person with whom the child lives can make all the decisions concerning the child such as schooling, medical care, etc. unless the custodial order deems otherwise.


Can you refuse medical care if you are drunk before they take you to jail?

No. You are in custody. If you are injured or sick and refuse medical treatment you will transported to a medical facility anyway. The assumption is that you are not in control of your faculties and are incapable of making rational decisions. The police will have you examined and/or treated as part of their "due dilligence and care" of you while in their custody.


Is Primary Physical Custody the same as being the Primary Parent in Nevada?

Primary parent may informally refer to the parent with whom the child lives for the majority of the time. Primary physical custody is the legal term for the parent with physical care and supervision of their child for the majority of the time.Child support and custody is an extremely complicated area of law in Nevada which is somewhat behind the times in defining and clarifying these issues. If you need legal advice in that area you need to consult with an attorney who specializes in family law and who has a good reputation.A parent may have sole legal custody or joint legal custody.A parent with sole legal custody can make all the decisions regarding the child such as education, medical treatment and religious training.Joint legal custody means that both parents have a equal right to make decisions regarding the child. Parents with joint legal custody may have different arrangements regarding physical custody. They may share physical custody equally or the child may spend more time with one parent. If a parent has physical custody of the child for the majority of the time they are considered to be the primary parent.Physical custody is a different issue. Nevada recognizes three forms of physical custody:sole physical custody- sole physical care and supervisionprimary physical custody- physical care and supervision for the majority of the timejoint physical custody- parents share physical care and supervision


Can a parent sign education custody to a friend in another state?

There is no such thing as "education custody". You should consult with an attorney to discuss executing a power of attorney that would give the friend the legal right to seek medical treatment if your child will be in their care long term.There is no such thing as "education custody". You should consult with an attorney to discuss executing a power of attorney that would give the friend the legal right to seek medical treatment if your child will be in their care long term.There is no such thing as "education custody". You should consult with an attorney to discuss executing a power of attorney that would give the friend the legal right to seek medical treatment if your child will be in their care long term.There is no such thing as "education custody". You should consult with an attorney to discuss executing a power of attorney that would give the friend the legal right to seek medical treatment if your child will be in their care long term.


What is it mean to have custody over someone?

Basically it means getting to be the legal guardian of children. For example, if a couple divorces and the mother is given custody of the children, she then becomes the children's legal guardian and they will usually live with her, often with visits from the father.


What is child custody?

Child Custody is the legal and practical relationship between a parent and his or her child, such as the right of the parent to make decisions for the child, and the parent's duty to care for the child. If you need affordable legal advice from an attorney regarding the child custody laws in your state you can call 800 245-1494 for a free quote and consultation.


What is a health care proxy?

A health care proxy, or health care proxy form, is a legal document that allows a person to choose someone to make medical decisions on their behalf when they are unable to do so


If you do not have a health care proxy who makes medical decisions?

You need a Medical Durable Power of Attorney. *I am not a lawyer. This is not legal advice. Please consult with a professional before taking action.*


Do both parents have equal rights in medical decisions for joint custody?

If you have joint custody, then it should specify in the paperwork, but I believe the answer is no you cannot. My paperwork says that both the parents have to agree on ANY major situation before making the changes. If it is an emergency, then it is acceptable as long as you contact the other parent as soon as you are able.