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A Tug-of-War Over a Child’s Health
When two divorced parents can’t agree on medical treatment for their child, it feels a lot like a tug-of-war. Each side pulls hard, thinking they know what’s best. But the one caught in the middle is the child. In Texas, the law looks at who has the right to make medical decisions. This right is usually spelled out in the custody order. If both parents share that right, then they must work together. If one parent has the exclusive right, that parent makes the final call. It sounds simple on paper. But real life rarely follows the script. Disagreements about things like vaccines, surgery, therapy or even dental work can quickly turn into legal battles. It’s not just about medicine. It’s about trust. Control. And sometimes, pain from the past.
A Lesson From King Solomon
Think of the story of King Solomon. Two women came to him, both claiming to be the mother of the same baby. Solomon said he would cut the child in two and give each woman a half. One woman said yes. The other begged to give the baby up, just to keep him safe. That’s how Solomon knew who the real mother was. This story shows how love puts the child first. It shows how hard decisions get made. But in real life, courts can’t rely on dramatic tests. They need facts, orders, and sometimes, emergency hearings.
What the Law Says in Texas
When parents with joint decision-making can’t agree, one option is to go to mediation. A neutral third party tries to help them talk it out. Sometimes it works. Sometimes it doesn’t. If that fails, one parent can file a motion with the court. A judge then looks at the situation. The court will always focus on what’s best for the child. Not what each parent wants. The judge may allow one parent to make the decision. Or the judge might appoint an amicus attorney. This is a lawyer who helps the court understand what would help the child most.
Real-Life Example: Mental Health Disagreements
Now imagine a case where one parent wants to start their child on psychiatric medication. The other parent says no. They’re worried about side effects. They don’t trust doctors. They think therapy is enough. Meanwhile, the child is struggling in school. Can’t sleep. Has meltdowns. The parents argue. They send angry texts. They pull the child in different directions. In this situation, doing nothing can cause more harm. If they can’t agree, they’ll need the court to step in. A judge might look at medical records. Hear from doctors. Hear from the child, depending on age. And then, make a ruling.
What Happens If a Parent Acts Alone?
Sometimes, parents act without agreement. One takes the child to get treated, even when the other says no. This can lead to contempt of court. If a parent violates a custody order, they can face legal consequences. That might mean fines, changes to custody, or worse. Courts do not take this lightly. The best way to avoid this is to follow the order. Or to change it the right way. Through the court. With a new motion. Not through anger or impulse.
The Child Comes First
It’s hard to co-parent when trust is gone. But decisions about health aren’t just about rights. They’re about safety. When the stakes are high, and you can’t agree, the law provides a path. It may not be easy. It may not be fast. But it puts the child’s well-being first. Just like Solomon did. Just without the sword.
Don’t Wait Until It Gets Worse
If you’re in a fight about your child’s medical care and nothing’s getting better, you don’t have to go through it alone. Get clear answers. Protect your child. Start here: https://bourlonlawfirm.com/. Or call (361) 289-6040 to speak with someone who can help today.