Children whose parents live in separate homes learn to manage change and differences.  Perhaps the bedtime at Mom’s house is different than the bedtime at Dad’s house.  Maybe the rules about cell phones or screen time vary.  Some differences are expected and many are manageable.  But, when Mom and Dad disagree about medication and don’t administer prescribed medication the same, suddenly those differences can have a big and even dangerous impact. 

Parents with joint decision-making authority (often called joint legal custody) are required to discuss and agree on child-related decisions about health, education, and religion.  Medical decisions include the choices regarding which medical professionals will treat the children and what treatments and medications will be administered both for preventative care and to address diagnosed conditions.  When parents disagree about these decisions, they have options available to bridge the gap.  They can utilize a co-parent counselor, a Parenting Coordinator, or can ask the court to make decisions when they can’t agree.  Sometimes, however, parents who don’t agree with medicating their child for a condition don’t utilize the tools available to them and instead make decisions while the child is in their care to simply not give a prescribed medication.  This creates a bunch of legal and medical issues.   

If a parent disagrees with a medical treatment but does not take the appropriate steps to address the decisions about that treatment, choosing instead to quietly undermine treatment, that parent may end up being in trouble with the court.  Failing to administer medication is a unilateral medical decision and could violate a court order requiring parents to make these types of decisions together.  That decision could also put a child’s health and well being in danger.  Receiving inconsistent medication can cause physical reactions for a child which can compromise the treatment of a condition and even the child’s overall health. 

It’s a mistake to quietly object to a prescribed medical treatment by failing to administer it.  Instead, open the lines of communication with your co-parent and the prescribing medical professional about the basis of your concerns.  Utilize the help available from other professionals if you and your co-parent need help with decision making.  

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Holly Wanzer Attorney
Ms. Wanzer is a founding attorney of Wanzer Edwards, P.C. where she focuses her practice in family law and divorce, including collaborative law, family mediation, parenting coordination, appeals and representation of children as a guardian ad litem. Ms. Wanzer earned her Juris Doctor summa cum laude from the Indiana University Robert McKinney School of Law. She graduated magna cum laude from Ball State University, earning her Bachelor of Science degree in English and advertising.