Legal Question in Family Law in Michigan
non-custdial parents right regarding medical tests
I am the non-custodial father of a 9 year old son with autism. I recently had his urine tested for peptide levels to determine if a gluten-casein free diet would benefit him.
His mother and I share joint legal custody. She is claiming I had no right to get the
test done without her prior knowledge.
Did I have the right?
Also, do I have the right to get his blood tested (which is a more invasive procedure
than collecting urine)?
Thank you for your time.
1 Answer from Attorneys
Re: non-custdial parents right regarding medical tests
This can be a touchy area. Joint legal custody gives both parents the right to share in making major decisions affecting the child. The intent of the law is for parents to co-operate with each other. You certainly have the right to be involved in the medical decisions made regarding your son, so my advice would be to tell your ex-wife that you want to schedule an appointment with your son's doctor while he is with you and let her know so she may attend and ask the doctor about ordering the bloodwork and why you wish to have it done. You could probably also call the doctor in advance for a consult. This will eliminate her claiming you are acting without her knowledge.
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