Successful Co-Parenting During Emergency Medical Situations in New Jersey

Co-parenting can be challenging under the most favorable of circumstances. Still, when the stress of a medical emergency is added to an already complex situation, it can be a recipe for discord—navigating emergencies while co-parenting is tricky.  Of course, your child’s health comes first, but you should notify the other parent as soon as possible. Most emergencies are not that serious: a cut that needs stitches, a twisted ankle that needs x-rays, an ear infection, or an asthma flare-up.  However, it is still crucial that you maintain communication when there is an emergency.  When a medical condition is severe or life-threatening, it may require the input of both parents.

Which Parent Has Authority in a Medical Emergency?

Joint legal custody is the most common custody arrangement in New Jersey, as the courts prefer to permit the parents to participate actively in their child’s life. Parents decide the medical care and treatments their child will receive together.  They can access their child’s medical records and consult with medical health professionals regarding their child’s treatment. One parent can make all medical decisions if they have sole legal custody.  They are not required to inform or consult with the other parent.  This kind of custody is usually in place when one parent is absent, has a history of abuse or neglect, has substance abuse issues, or other related problems.

When one parent has sole legal custody, they make decisions about the child without the other parent’s input.  They choose the medical treatments the child will receive and how any emergencies will be managed.  Shared legal and physical custody, while offering parents equal visitation time, also requires that medical decisions be made in conjunction. Parents with primary physical custody but shared legal custody make health decisions with the parent of alternate residence.

When the child is with a parent and an emergency requires immediate decisions, the present parent must make them.  For example, if there is a car accident and the child needs emergency surgery to keep from bleeding out, the decision must be made at that moment.  If there is an emergency but there is time to contact the other parent, in cases of joint legal custody, the input from both parents is taken.  Parents can discuss non-emergencies such as a mild fever, gastrointestinal distress lasting less than 3 days with no signs of dehydration, mild allergic responses to known allergens, and bug bites to determine the best next steps. Medical professionals are required to provide detailed information to the parents regarding the diagnosis, risks,  alternatives, and treatment plan for the child. If both parents have the power to make decisions regarding care, they should both be informed in order to make a decision.  This is known as informed consent.

Recognizing the Signs of a True Medical Emergency

A medical emergency is a serious illness or condition that requires immediate medical attention to avoid severe harm.  Examples of medical emergencies are allergic reactions causing anaphylaxis, a broken bone, a concussion, a high fever above 104 degrees or one that persists after 4 days, an infant with a fever above 102 for more than two days, persistent vomiting or diarrhea with signs of dehydration, burns that have blisters, deep lacerations, difficulty breathing or swallowing, seizures, intoxication (ingesting toxic substances such as antifreeze or laundry soap pods), and life-threatening injuries from an accident.

Medical Emergency Action Plan for Co-Parents: What to Do When Your Child Needs Emergency Care

The first step is to use common sense.  If the situation is dire, you must get help immediately and call the other parent once your child receives care.  You wouldn’t stop healthcare professionals from performing life-saving care until you were able to call your ex.  You should call the other parent to inform them of the situation as soon as possible and make any immediate decisions together.  Even when you and your ex struggle to get along, the focus should stay on your child’s health.  Blaming the other parent for the cause of the accident is counterproductive and could encumber the treatment your child needs.  Regarding communication, the rule of thumb is to contact the other parent as quickly as possible without delaying the medical treatment your child requires.  Both parents should be involved in the decision-making process and be kept abreast of all treatments, progress, and outcomes.

Technology is an excellent tool to keep your co-parent in the loop; emails and text messages can be sent in seconds, allowing open communication and faster decision-making.  When it comes down to brass tacks, your child should be the focus in an emergency.  Blaming, bickering, and being unkind to one another contribute to an air of tension and can affect your child’s recovery.  As tricky as co-parenting may be, you owe it to your child to act appropriately and maturely.

Essential Strategies and Solutions for Smart Emergency Planning for Co-Parents

Preparation is key to the successful handling of an emergency. You and your co-parent can create an emergency plan that includes health insurance information, medical allergies, and copies of previous critical medical interventions, such as surgeries. The document should also list emergency contacts, such as family and friends. This is important when the parent and child are hurt simultaneously and additional help is needed.  Many co-parents rely on a flowchart to provide solutions for emergencies.  It is a map of possible scenarios and solutions that act as a protocol, facilitating the decision process.  Your general practitioner can guide you on what to include to make communication more streamlined and effective.  Your attorney can also give you suggestions.

Paths to Resolution When Parents Disagree on a Child’s Treatment

Sometimes, parents simply cannot reach an agreement regarding their child’s health treatment. There are several options to combat this problem.  The first is mediation.  A mediator can listen to both sides and prepare a plan everyone can agree on.  If that falls through, a parent can file a motion with the court and have a judge determine the possible solutions.  Lastly, some parents request the court provide a guardian ad litem for their child.  This person represents the child‘s best interests and presents their opinion to the court about what should be decided based on the child’s needs.

Don’t Wait for a Crisis; Act Now and Contact a New Jersey Custody Lawyer to Create Your Emergency Co-Parenting Medical Plan

Your child is the most important person in your life, and their health and safety are a priority.  Disagreements about emergency healthcare decisions could jeopardize the outcome of the emergency so consulting with an experienced child custody attorney ahead of time is invaluable.  You can seek legal guidance and assistance from our team at Bronzino Law Firm regarding a medical emergency plan that works in tandem with your custody agreement.  Our attorneys can review your case and guide you as to the requirements and rules of your custody agreement. We can also file a motion to support any changes or stipulations that need to be addressed to avoid delays that could affect your child’s medical treatment.

Our seasoned family law attorneys know that every client is unique and will work with you to provide a plan that allows you to feel confident that your agreement will be followed.  Our years of experience in family law have afforded us the opportunity to successfully help our clients when they need it most.  We proudly serve families in Manchester, Bradley Beach, Lavallette, Point Pleasant, Ocean Township, Long Branch, Belmar, and throughout Monmouth County and Ocean County. If you want to make a medical emergency plan for your co-parenting agreement or have questions about child custody, call us today at (732) 812-3102  or contact us online.  An emergency can happen at any moment, and it is important to be prepared.