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

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. 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. Please be aware that each answer on this website is based upon the facts, or lack thereof, provided in the question. To be sure you get complete and comprehensive answers, based upon the totality of your situation, contact a local attorney who specializes in the area of law that involves your legal problem. Diane L. Gruber has been practicing law in Oregon for 26 years, specializing in family law, bankruptcy, estate planning and probate. Note: Diane L. Gruber does not represent you until a written fee agreement has been signed by you and Diane L. Gruber, and the fee listed in the agreement has been paid.


  2. 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: <br> <br> Jay Bodzin is licensed to practice law in the State of Oregon and the Federal District of Oregon, and cannot give advice about the laws of other jurisdictions. All comments on this site are intended for informational purposes only, and do not constitute legal advice or create an attorney-client relationship. No posts or comments on this site are in any way confidential. Each case is unique. You are advised to have counsel at all stages of any legal proceeding, and to speak with your own lawyer in private to get advice about your specific situation. <br> <br> Jay Bodzin, Northwest Law Office, 2075 SW First Avenue, Suite 2J, Portland, OR 97201 | Telephone: 503-227-0965 | Facsimile: 503-345-0926 | Email: jay@northwestlawoffice.com | Online: www.northwestlawoffice.com

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