Sassysaz asked:
Can a divorced dad challenge the medical treatment of his child?
My friend’s daughter has just been diagnosed as being autistic after months of testings, medical examinations, consultations etc.
However, the child’s father, from whom my friend is divorced, disagrees with the diagnosis. He has just consulted another hospital, with a view to having the girl tested all over again.
Does he have the right to do this? He is not the main carer, and the girl lives with my friend and only visits her father at weekends.
Normally, no. The custodial parent has the final say on medical treatment. He would probably need to go through the courts if he wants to contest the medical decisions already made.
as he is still the child’s father and she she still gets to see him..Yes he can,cause he still has the welfare of the child on his hands.
Depends on whether the dad has “joint legal custody” ….if he does, then yes …he has half a say in anything that has to do with raising his child
if they were married i do think so. I also answered the same question for you a minute ago.
Just because the parents are divorced does not mean that they divorced their children. The father has every right to challenge the medical treatment. It sounds like they have joint custody, which means that he has every say in her treatment and diagnosis. Your friend is lucky that her ex is taking part in the child’s issue. As we all know not all parents are active in their children’s lives after divorce. Tell your friend that the more info they have, the better for the child. Let him consult anyone he wants…it can’t hurt only help.
My ex is not the primary caregiver but our divorce degree gives him the right to make medical decisions also. Being her father also gives him that right. I **** that he is going to do this all over again to her.
My answer would have to be the same as sensibles….its all down to who’s got custody? If they have joint custody then he has a right to a second opinion.
Maybe CAB could advise better on this.
All the best for the littlun.
I’ve just answered this question for you a while ago!
In U.K law (not sure where you are posting), the father has the right until the child is 16 or meet the Lord Fraser Guildlines on Consent to Medical Treatment (sometimes known as “Gillick Compentency). However, the father only has the right if the parents were married at the time of the child’s birth AND was mentioned on the birth certificate, OR if the parents made a legal document. Fathers in unmarried couples do not have the automatic right of consent to medical treatment of children.
(Yes or no ) Depending on the state laws – custody agreement or divorce settlement.( yes ) He can always file a order in family court if he does not have joint custody. The child also has a court ordered advocate if he chooses to use. The medical community makes mistakes all the time getting a second opinion should be always done. If the father is willing to pay the cost or there is no cost of the second opinion why not? Just for some peace of mind at least. In short both parents can seek court intervention at anytime for all matters of the child but this sounds like a reasonable request from a parent.
Yes he can if he is the legal Father he has 50% parental responsibility regardless of where the child actually resides unless the Court took away his rights which don’t appear to be the case