You thought you’d always be there to keep your kids healthy. Now, divorce is on the horizon.
Depending on how things turn out, you may have to share custody with your ex-spouse.
If that happens, who gets to make medical decisions for your kids? You may have a lot of questions, such as:
- Can your ex-spouse make medical decisions you disagree with?
- What if one of you wants your children to receive vaccinations but the other doesn’t?
- What if one prefers conventional modern medicine while the other leans towards alternative or traditional therapies?
- What if one of you is skeptical of doctors or holds religious beliefs that discourage medical intervention altogether?
Decisions about medical care for your children are critical — whether it’s a decision about a surgery, vaccine, or drug. You’d do almost anything to keep your kids safe, but what does the law say? Here’s what you need to know about who has the authority to make medical choices for your kids after a divorce in South Carolina.
Understanding the Two Forms of Child Custody in South Carolina
To start, it is important for parents to understand that the term “child custody” actually refers to two separate things in South Carolina. Here is an overview:
- Physical Custody: Physical custody refers to where the children live the majority of the time. It could be solely with one parent or shared between both in cases of joint physical custody. The parent with primary physical custodian is responsible for the routine daily care and the routine daily decisions that come with parenting.
- Decision-Making Authority: Often referred to simply as “legal custody,” decision-making authority pertains to the right to make significant decisions about a child’s life. This includes education, religious upbringing, and crucially, medical decisions. Parents can share joint legal custody even if one parent has primary physical custody. In this type of scenario, both parents have legal rights regarding non-routine medical decision-making.
The Takeaway: A parent who has sole legal custody (decision-making authority) has the right to make medical decisions on behalf of their child. If parents have joint legal custody, they both should be consulted regarding non-routine medical decisions.
South Carolina is a “Best Interests of the Child” State
Under South Carolina law (South Carolina Code § 63-7-20), the guiding principle in custody decisions is the “best interests of the child” standard. It is a legal standard that ensures that all custody and visitation decisions promote and protect the physical, mental, and emotional well-being of the child. If a dispute arises between the parents, courts in South Carolina can consider a wide range of different factors, including:
- The child’s relationship with each parent;
- The stability of each parent’s home environment;
- Each parent’s ability to meet the child’s needs; and
- Any history of parental abuse or neglect.
Conflicts of Parental Issues are Often Best Handled Through Mediation
What if there is a serious conflict between parents regarding medical care for a child? The answer is “it depends.” With that being said, mediation is often a great option for parents in South Carolina who are locked in a dispute. Mediation could be a useful option for any of the following issues:
- How Medical Decisions are Made: In cases where parents share legal custody, medical decisions should be made jointly. If parents cannot agree on medical care, entering mediation to work towards an agreement may be the best solution.
- How Conflicts are Resolved: Conflicts over health decisions can be highly stressful and, if unresolved, detrimental to the child’s well-being. A proactive approach is essential. Mediation is a recommended approach to resolve such disputes, as it provides a neutral ground for both parents to discuss their concerns and reach a mutually agreeable solution. If mediation fails, parents may need to return to court for a judge to make the final decision.
There is no one-size-fits-all resolution to child custody disputes—especially cases involving medical decisions for a child or teenager. The specific circumstances—including the needs of the child, always matter. A South Carolina family mediator can help.
At Charleston Divorce Mediators, LLC, we are focused on helping people find an easier path to divorce. Mediation can be a great tool to work out issues related to custody, including medical decision making. Schedule your confidential appointment today. We provide family mediation services to parents in Charleston and all across the wider region in South Carolina.
About Catherine Marra
Catherine Marra is a nationally certified Divorce Mediator with over 30 years of experience in Family Law, including 20 years in private practice and 10 years as a Family Court Magistrate. She uses her knowledge and experience to guide couples in negotiating divorce settlements so they can save money, complete the divorce process quicker, and get better outcomes than they would at trial.