As a non custodial parent can I take my daughter to her pediatrian with medical concerns if her mother refuses

Asked 11 months ago - Salem, OR

I want well child check ups and have a concern about her health I want evaluated. I've expressed this to the custodial parent ....mom but she refuses.

Attorney answers (2)

  1. Diane L Gruber

    Pro

    Contributor Level 18

    1

    Lawyer agrees

    Answered . Yes. After you schedule the appointment, email the mother with the date & time, and invite her to come.

    Be sure to designate "best answer." If you live in Oregon, you may call me for more detailed advice, 503-650-9662.... more
  2. Jay Bodzin

    Contributor Level 20

    1

    Lawyer agrees

    Answered . Under Oregon law, unless a court has explicitly ordered otherwise, a non-custodial parent has the right to take their child to receive emergency medical care. The question, then, is what constitutes an 'emergency.' Most doctors would likely agree that it's better to seek care for something before it reaches that stage. If this is a matter of serious concern - that is, if it's something that could potentially cause the child long-term health problems if left untreated - and you don't want to wait for the court to make a ruling on it - well, your child's health is the most important thing. You can seek care for her and deal with the possible legal repercussions later. Just be aware that, if the medical issue is not actually a serious one - if this ends up being more a matter of personal opinion or ideology, not a pressing health issue - the court may chastise you for this.

    Please read the following notice:

    Jay Bodzin is licensed to practice law in the State of Oregon and... more

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