Who must consent to medical decisions in the case of divorced parents?

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In situations involving medical decisions for a child with divorced parents, typically, only one parent may be required to give consent, especially if that parent has been granted legal custody or medical decision-making authority. This principle generally hinges on custody arrangements established by the court. When one parent has primary custody, they usually hold the responsibility for making significant decisions, including medical choices for the child, unless said responsibilities are shared or specified differently in the divorce agreement.

In cases where both parents share joint legal custody, they might be expected to jointly participate in important decisions, including healthcare. However, if the custodial arrangement establishes that one parent has the primary role, their consent is generally sufficient. This simplifies the decision-making process, allowing for timely care for the child without needing to seek approval from both parents unless the agreement states otherwise.

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