Parental Medical Decision Making

Many parents across the United States face challenges when making critical decisions about their child’s medical treatment. In fact, a study published in Pediatrics found that 20% of parents report disagreements with their partners over their child’s healthcare. This discrepancy underscores the emotional and logistical complexity of navigating differing viewpoints when considering the needs of a child. Whether it’s deciding between different therapies, treatments, or even the decision to seek a second opinion, these disagreements often involve a deep sense of responsibility, fear, and, most importantly, a desire to do what’s best for their child.

From ADHD medication to hormone-blocking therapies, disputes over parents’ medical decision-making have been politicized to no end. Though, it is essential that we look beyond politics. We must remind ourselves that the subjects of these disagreements are not mere statistics, but are innocent children.

Roughly two million children are diagnosed with ADHD each year. The Journal of Attention Disorders found that approximately 40% of parents report some level of conflict with their partner when making decisions about their child’s treatment, particularly when it comes to the use of medication. This tension is often related to differing perceptions of ADHD and whether or not behavioral therapies and lifestyle adjustments can heed the same results as a prescription. Unfortunately, inconsistent parenting can worsen ADHD symptoms, making it doubly important for both parents to adopt the same treatment strategy.

Hormone-blocking therapies prove to be one of the most contentious issues among parents. For children with gender dysphoria, gender-affirming care can provide significant emotional relief. In fact, research indicates that hormone blockers can improve mental health, reduce anxiety, and lower suicide risk in these children.

For married couples, the decision to allow a child to undergo certain medical treatments must be agreed upon jointly. Disagreements that cannot be resolved through communication often create circumstances for a parent to choose to file a motion in family court. In such situations, the court will consider factors such as the child's best interest, the opinions of healthcare providers, and the existing custody arrangement to make a decision. Ultimately, a judge will have the final say on the matter.

For separated parents, the first step should be to review the custody agreement for an understanding of whether joint legal custody or sole legal custody exists. Joint legal custody means both parents share the right to make significant decisions about the child’s upbringing, including medical decisions. Sole legal custody denotes one parent has the right to make major decisions for the child, which could include medical decisions like ADHD treatment and hormone therapy.

If the dissenting parent does not have joint legal custody, they may not have legal standing to override their partner’s decision. However, they can still seek to legally challenge the decision or attempt to change the custody arrangement through the court.

Should you require assistance in navigating your rights when it comes to determining your child’s medical treatment options, I am happy to serve as a resource: [email protected]