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What are my rights to participate if my son needs emergency care?

The right of parents divorced or never married to participate in their children’s emergency care depends on whether they have legal child custody. Many parents who are divorced or never married often focus on obtaining physical child custody. Physical child custody is important. It gives a parent the right to live with their child.

Legal child custody doesn’t pertain to where the child resides. Instead, legal physical child custody involves a parent’s right to make decisions about their child’s lives. Having the right to participate in a son’s emergency care is one right afforded to a parent who is granted legal child custody rights.

Legal Child Custody Rights in Your State

Legal child custody gives a parent the legal right to make decisions about their child’s upbringing. The type of decisions made will involve issues such as where they attend school, their medical care and summer camp. Child custody is always separated into two rights: sole and joint child legal custody. When a parent has legal child custody, whether they can participate in their son’s emergency care depends on sole or joint custody.

What are Legal Rights to Participate in a Child’s Emergency Care with Joint Legal Custody?

Joint legal child custody is the best option for a parent. This means both parents have the right to decide how their children are raised. They both have to agree on every issue such as emergency care. It also means that a parent cannot move out of the city with their child for any reasons without the other parent’s permission.
Legal child custody doesn’t involve parenting time. This means one parent doesn’t make a decision about school and the other makes decisions about after school activities. It can happen if both parents decide to separate decisions. However, both will have to agree on the decisions.
If parents cannot agree on an issue such as emergency medical care, their legal recourse is court. They can have their family law attorney file a motion for a judge to rule on the case. Both parents present their evidence to the court. Their attorneys argue their cases. The judge then rules. They can rule in either parents favor or decide to make an independent ruling. The ruling will always be in what’s in the child’s best interests.

What are Legal Rights to Participate in a Child’s Emergency Care with Sole Legal Custody?

Sole legal child custody is granted to one parent. This means that only one parent makes decisions about how their child is raised. Sometimes it could be the parent who is living with the child. Sometimes a parent can lose visitation rights, but try to retain legal rights. It depends on what is negotiated by parents and/or how the court rules.

The parent with sole legal child custody participates in the child emergency care. The other parent can’t. Instead, the parent must live with the decisions made or ask the other parent to be able to participate in the decisions. They can seek legal recourse in family court. However, it is important to speak with a family law attorney for guidance on the matter.

Physical and Legal Child Custody are Separate Types of Custody.

It’s important to remember that physical child custody and legal child custody are separate. Parents can be awarded joint physical child custody, but one parent receives legal child custody. Both parents can be awarded joint physical and legal child custody. Sometimes a parent will trust the other parent enough to agree to sole legal child custody, but want joint physical custody. This means parents will have to decide what type of child custody they want.

Contact a Family Law Attorney about Legal Child Custody Rights and a Child’s Emergency Care

Unfortunately, most parents don’t realize the consequences of giving up legal child custody rights until it’s time to participate in an issue such as their child’s emergency care. This is never the time for a parent to find out they have no legal rights to make legal decisions about their child. If this is the case, the parent must immediately contact a family law attorney to determine their options to obtain legal child custody rights.

Parents fighting child custody should know all their options. They should contact a family law attorney to understand all the rights they will receive regarding legal and physical child custody. It’s important to remain informed all child custody rights.