When it comes to addressing custody concerns, it is vital to raise questions that significantly impact the child’s welfare. One important issue is determining who holds the authority to make health care decisions for the child.
There is no one answer to this question. Instead, it will largely depend on the laws of the applicable state and the unique circumstances surrounding the case.
Allocating decision-making authority in parenting plan
In Illinois, parents have increased flexibility and control when allocating parental responsibilities, including health care decisions. With this authority, parents can discuss between themselves who will make decisions about their child’s medical care.
Depending on the unique circumstances of each case, it is possible that only one parent is responsible for such a decision, or both parents may share the responsibility jointly. During the determination process, parents must go with a decision that best serves their child’s best interests, while protecting their parental rights.
Letting the court decide
While the state allows parents to allocate parental responsibilities on their own, there are still situations where the decision is better off left with the court. This is usually the case for parents who simply cannot agree. In cases like this, the judge will decide on the decision-making power allocation based on certain factors, such as each parent’s ability to provide.
What you can do as a parent
Regardless of whether the allocation of health care decisions for your child will arise through the creation of a parenting plan or the determination of the court, it is often helpful to have a family law attorney who has experience in the process by your side. This will allow you to make informed decisions toward reaching an amicable agreement and aiming for the best possible outcome for you and your child.