Focus on Parent Decision Making in Custody Cases – The Invasive Medical Right
Many people seek our lawyers advice about how the court goes about deciding who has the authority to make significant medical decisions. Texas court will set out medical decision making rights in three major areas. First, there is the right to seek emergency medical attention for a child. This right is unlimited to both parents, as it should be. Next is the right to seek regular medical check-ups and for illnesses that do not require surgical or other invasive intervention. That right is also give to both parents, at least in most situations. Finally, there is the rather often litigated right to make “invasive medical decisions,” a term with specific legal meaning that can have serious implications for a child’s health and well-being.
What Are Invasive, Non-Emergent Medical Decisions?
In Texas family law, “invasive medical decisions” refer to decisions about medical procedures that are serious, non-routine, and typically involve some level of risk or significant consequences. These are typically surgical procedures, though some courts have extended this definition beyond that narrow type of medical intervention.
Routine medical care, like checkups, minor illnesses, or basic dental cleanings, usually don’t fall under this category.
How Are These Rights Allocated by a Court?
In Texas, when separated/divorced parents’ rights are set out, the court issues a parenting plan that outlines conservatorship rights and duties. These rights can be:
- Joint (shared by both parents)
- Independent (either parent may act alone)
- Exclusive (only one parent has the right)
In many cases, Texas courts make orders that give both parents share a great deal of decision-making rights, including those related to medical care. However, when it comes to invasive procedures, courts may assign this decision-making authority exclusively to one parent or require both parents to agree before proceeding.
What Factors Does the Court Consider?
Texas courts always prioritize the best interest of the child. In determining who should have the right to make invasive medical decisions, judges will look at factors such as:
- Each parent’s involvement in the child’s medical care
- The level of conflict or cooperation between the parents
- The child’s physical and mental health needs
- Whether either parent has a history of neglect, abuse, or poor judgment regarding healthcare
- Professional recommendations (e.g., from doctors or therapists)
When Disagreements Arise
If divorced parents with joint rights can’t agree on an invasive medical treatment, one may need to return to court to resolve the issue. This can delay treatment, so courts often try to avoid this by assigning one parent final decision-making authority in advance.
In contentious cases, especially involving issues like psychiatric care or controversial treatments, having clearly defined terms in the divorce decree can prevent costly and emotionally draining legal battles down the line.
Why Legal Advice Matters
Because these decisions can significantly impact a child’s health and legal conflicts can be emotionally and financially draining, it’s important for divorcing parents to work with an experienced family law attorney. Properly negotiating the allocation of invasive medical decision-making rights as part of your custody agreement can help avoid future disputes and protect your child’s well-being.
Conclusion:
In Texas divorce cases, the right to make invasive medical decisions is not just a legal formality—it’s a crucial component of your child’s care and development. Whether you’re in the middle of a divorce or modifying an existing order, make sure your custody agreement clearly reflects who holds this authority. Clear terms today can prevent major issues tomorrow.
Our team of experienced Family Attorneys are available to answer your questions. Feel free to give us a call! We are currently serving Montgomery County, Harris County, Walker County and Grimes County. Call (936) 539-1011 to schedule your free consultation with a GCH Lawyer.
