Legal Question in Family Law in Michigan

A parent's right to seek medical treatment (or consults) for a child falls under the LEGAL CUSTODY of the child. In most cases, parents have JOINT LEGAL CUSTODY, but there are cases where a parent has sole legal custody. Assuming this non-custodial parent has joint legal custody, they can take their child to a doctor for treatment or a consult. However, the Judgment of Divorce or any orders regarding custody, parenting time, and support, likely state that they are to inform the other parent ahead of time of their actions, and/or consult with them first, except in case of an emergency. It's always best for both parents to consult with each other prior to getting any medical treatment or counseling for a child, as both parents should provide input and meet with the medical professional. This non-custodial parent wouldn't want the other parent doing things behind his or her back, so he/she shouldn't do it either.

If there is no specific language in the pertinent orders regarding notifying the other parent of any doctor's appointments or treatment, this needs to be modified, either though an agreed upon order (a consent or stipulated order), or by filing a motion and having the court decide the exact terms.

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