Im trying to get legal information on this situation. He is causing a lot of problems. This is medically nessecary for my daughter but he doesn't want it done.
2007-05-29 08:20:04 · 8 answers · asked by maddiesmom982001 2 in Politics & Government ➔ Law & Ethics
That depends on your legal situation. Are you considered the sole guardian with sole custody in the state the surgery is to be performed? If so, he would have to file for custody to delay or stop it. Even then, if it's proved that the surgery is something that's needed to save her life or improve her health during the custody proceedings, the judge may have it ordered to do so without his (her father's) consent.
If you have joint custody, he has the right to consent. Joint custody is usually a bad idea, especially in parents that don't usually see eye to eye. If this is so, file for sole custody immediately.
But, if you are her sole guardian, you are the one with the legal rights to make decisions regarding her health.
2007-05-29 08:29:30 · answer #1 · answered by Karma 6 · 0⤊ 1⤋
Depends on the legal agreement you have on custody -- if you have joint legal custody then he has 50% say on medical procedures.
If you cannot come to an agreement then you will need to have it abritrated in court. The best interest of the child will be evaluated, and a second opinion would be needed.
2007-05-29 08:23:38 · answer #2 · answered by Susie D 6 · 3⤊ 1⤋
Unless you have full legal custody or unless the court order for custody allows you to make extraordinary medical decisions while the child is in your custody, the answer is yes, he has the same rights to medical and educational decisions that you have.
2007-05-29 09:03:46 · answer #3 · answered by hexeliebe 6 · 1⤊ 1⤋
He can if you have joint legal and physical custody. Having joint legal and physical custody means you both have to agree on everything for your child. If YOU have full legal custody, then tell him to bug off because it is your choice and is in the best interest of your child.
Good luck
2007-05-29 08:29:09 · answer #4 · answered by threeboysmamma 3 · 2⤊ 2⤋
Twenty dollars says that idiot doesn't know an adenoid from a solenoid.
2007-05-29 08:30:03 · answer #5 · answered by Anonymous · 0⤊ 2⤋
too bad I dont think he has a thing to say about it since it is medically neccesary and if he tries to prevent it I would call the child adovacy on his butt . the child obviously needs it and the dr would not have reccomended it .He cannot say anything . dont worry about him and god bless your child and speedy recovery .
2007-05-29 08:24:36 · answer #6 · answered by Kate T. 7 · 3⤊ 2⤋
If he doesn't have custodial care of your child then he has no rights, even if joint custody!
2007-05-29 08:26:56 · answer #7 · answered by Anonymous · 2⤊ 2⤋
Is he a religious nut or something?
2007-05-29 08:22:45 · answer #8 · answered by RP McMurphy 4 · 1⤊ 2⤋