Can I stop my daughter’s step mom from attending doctor appointments?

by | Jul 25, 2016 | Ask the Lawyer | 0 comments

Question asked on Jun 14th, 2016

Short answer: “no.”  Long answer: “Maybe . . . .”  Presumably, the step-mom is there with or on behalf of the father, with his consent.  If not, normally doctors will take directions from the parents as to who should and should not be present.  If so, the question becomes why you have a problem with it.  If you believe there is some actual risk of harm to the child (physical, mental, or emotional), you can ask directly to your ex that the step-mom not attend, and if you are refused ask the court to issue such an order, either on that point directly or giving you complete control over medical matters relating to the child; making medical decisions is one aspect of “legal custody” which a court can divide however appropriate between parents.  For details, see the information, materials, and links posted here.

Frequently Asked Questions

Can I stop my child's stepmom from going to doctor appointments?
Usually no, but it depends on the circumstances. If the stepmother is attending with the father or on his behalf and with his consent, she is there as his representative, and doctors normally take direction from the parents about who may be present. Unless you can point to an actual risk of physical, mental or emotional harm to the child, a Nevada court is unlikely to bar a stepparent from simply sitting in on an appointment.
What can I do if I believe my child's stepparent is harmful at medical visits?
Start by asking your ex directly that the stepparent not attend. If that is refused and you believe there is a real risk of harm to the child, you can file a motion in the Eighth Judicial District Court Family Division asking the judge to order that the stepparent not attend, or to give you sole authority over the child’s medical matters. The court will want specific facts, not a general dislike of the stepparent.
Who gets to make medical decisions for a child in a Nevada joint custody case?
Medical decision-making is one aspect of legal custody, and a Nevada court can divide legal custody between the parents however it finds appropriate. With joint legal custody, both parents share major medical decisions; if parents cannot cooperate, a judge can award one parent final say or complete control over medical matters while leaving other aspects of custody joint (NRS 125C). Willick Law Group can review your situation in a consultation.
Marshal S. Willick
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