Can My Ex-Spouse’s Significant Other Make Medical Decisions For My Child
Child Custody in a divorce case could be a severe method which typically involves long court fights. The greater part of child custody cases are set between both spouses concerned and then conferred to the courts for authorization. It’s only if the spouses cannot come to an agreement on their own that the courts can get involved so as to make a decision what’s within the best interest of the child.
However, treatment for medical conditions usually suggests that creating selections, as well as selections created by parents for a child’s treatment. Once you are addressing your child’s medical problems, you will not need to feature legal problems into the mix. Once parents are not together again (divorced), creating these selections will produce legal issues and conflicts. Understand how to manage treatment problems for your child, whereas avoiding conflicts together with your ex-spouse and keeping your child protected and in good health.
When a custody order does not cover the information about who can make medical decisions and when, make decisions based on the type of your custody grant and the best interest of the child are also vital. In general, joint legal custody signifies that both spouses have the power and duty for their child’s medical care while the Sole legal custody signifies that just one spouse controls decisions involving the child, including medical care.
In Maryland law, both parents are the recognized custodians of their children. The law does not favor any of the parents in reaching its decision of legal custody. The law always tries to look at the best interest of the child standard when making a decision on custody and visitation of the child. The best interest of the child standard looks at definite factors to determine what is best for the child. While grandparents and others might ask for custody, the assumption in favor of the natural parents can make it the whole very hard.
In spite of any agreement you may perhaps have reached, the courts will look at the child’s best interest to determine custody. They check out some facts. No particular factor is very significant. Some factors are listed below, however, not all, of the factors, that court will reflect on.
Some of the factors are:
- Material Opportunity – Which of the parent has the monetary assets to offer the child things needed?
- Age, wellbeing and Gender of Child
- Character and Reputation
- Agreements – To know if there is any custody agreement previously in place?
- Religious Views – These will be vital in the court’s judgment only if you can demonstrate that religious views have an effect on the physical or emotional well being of the child.
- Residences of Parents and Opportunity for Visitation – How near do the parents live to each other? How near do they live to any members of the child’s extended family? Which parent lives more close to the school of the child and social circle?
- Length- How long has the parent been separated from the child?