When the parents of a minor child share joint legal custody, they are obligated and encouraged to co-parent with one another when making health care decisions on a child’s behalf. This includes, but is not limited to, choosing medical providers, scheduling and coordinating medical appointments with one another so that both parents can attend, exchanging health care information and deciding on treatment plans recommended by physicians.
Furthermore, if there is a dispute over the child’s medical care (i.e., vaccinations, surgery, medication, etc.), there are several components of Nevada Law that must be understood, including 1) The definition of joint legal custody in Nevada; and 2) How the court makes a determination when there is a disagreement on medical decisions for a minor child during joint legal custody.
Definition of Joint Legal Custody in Nevada
First, Nevada Revised Statute 125C.001 provides (in pertinent parts), that the goal of custody in the State of Nevada is to “ensure that minor children have frequent associations and a continuing relationship with both parents after the parents have ended their relationship” and to “encourage such parents to share the rights and responsibilities of child rearing.”
In Rivero v. Rivero,125 Nev. 410, 216 P. 3d 213 (2009), the court also confirmed that joint legal custody includes the responsibility of both parents’ involvement in major decision-making for a child’s health, education and religious upbringing.
Medical Decision Disputes & Joint Legal Custody
Regarding disputes over medical decisions for a minor child, the Nevada Supreme Court affirmed in Kelley v. Kelley, 139 Nev. Adv. Op. 29 (Sep. 28, 2023) that the district court breaks the tie by determining which course of action is in the best-interest of the child using the following non-exhaustive factors:
- The seriousness of the harm the child is suffering or the substantial likelihood that the child will suffer serious harm;
- The evaluation or recommendation by a medical professional;
- The risks involved in medically treating the child; and
- If the child is of a sufficient age and capacity to form an intelligent preference, the expressed preference of the child.
As a background to Kelley v. Kelley, the court determined that the child should receive the COVID-19 vaccination based on the child’s pediatrician recommendation, government guidelines and professional groups’ research results. The court also emphasized that a medical professional’s recommendation is not necessarily conclusive in every dispute.
Conclusion
It is important to understand that both parents are entitled to equal involvement in decision-making power over a minor child’s medical care and are encouraged to work with one another. If there is an ongoing dispute over a child’s medical care that cannot be resolved, the parents should seek legal advice from an attorney licensed in Nevada.
Have Questions? Call Our Firm Today!
It is important to note that specific legal advice should be sought from a qualified attorney in Nevada when there is a dispute over medical decisions for a minor child. At Law Practice, Ltd., we will guide you through sharing joint legal custody in Nevada and any disputes arising for such matters.