What if My Ex Disagrees About Medical Decisions for Our Child?

 Posted on May 28, 2024 in Child Support

There are many things to disagree about during a divorce. The biggest disagreements, however, often concern children. Parents who were recently making decisions together about their child begin to feel territorial about the child when the marriage ends. Then, making decisions about their child’s education, health, or religious upbringing becomes a series of arguments.

Illinois law tries to prevent many of these disagreements before they happen by requiring parents to make a parenting plan. A parenting plan is legally binding, so it is best to have it drafted by an experienced family lawyer.

What Is a Parenting Plan?

A parenting plan is a document that details how you and your ex-spouse will co-parent your child together. During a divorce, the parents must submit a parenting plan to the court for approval. If they do not agree on one, each parent submits his or her own and the court will make one for them.

A parenting plan contains details about:

• Who has the majority of parenting time, or physical custody

• Schedules for parenting time

• Transportation arrangements for the child

• How each parent will communicate with the child during the other parent’s time

• How each parent will notify each other about emergencies and events

• The first right of refusal, which is a parent’s right to take custody of his or her child if the other parent suddenly becomes unavailable

• How the parents will divide the decision-making responsibilities

What Are Decision-Making Responsibilities?

The parenting plan contains details about how the parents allocate decision-making responsibilities. These refer to decisions in three major areas of the child’s life:

• Education

• Health

• Religious upbringing

• Extracurriculars 

What if We Disagree On Medical Decisions?

If you and your co-parent disagree about making medical decisions for your child, consult your parenting plan. It should contain provisions about who gets to make medical decisions for your child.

However, children grow and, as they do, they sometimes develop certain medical conditions. Some of these may be short-term and just a part of growing up. Others might be long-term and require more serious medical attention. You and your co-parent may not agree on how such medical conditions should be treated. In such cases, you may be able to change, or modify, your parenting plan if you and your spouse cannot agree.

How Can I Modify a Parenting Plan?

Modifying a parenting plan is not easy. You need to petition a court to make the change. As a rule, courts like to keep parenting plans as they are so as to maintain stability for the child. But if changing the plan is in the child’s best interest, a judge will consider it. This is where the right attorney can make all the difference.

Contact a Rolling Meadows, IL Parenting Plan Attorney

Whether you need to draft a parenting plan or need to modify one, the key to your success will be an experienced Lake County, Illinois parenting plan lawyer. At Ann O’Connell Law, Ltd., we know how the right parenting plan can make a huge difference in your and your child’s lives. Our knowledge and experience will help us vigorously defend your child’s best interests every step of the way. Call 847-859-6222 for a free consultation today.