Can Custody Include Alternating Medical Care Supplies Purchasing?

In joint custody arrangements, parents are often required to share responsibilities related to their child’s well-being. One area where shared responsibility can be important is medical care, particularly in cases where the child requires ongoing medical treatment or supplies, such as prescription medications, specialized medical equipment, or other health-related supplies. The question arises as to whether a custody agreement can include a provision that both parents alternate the responsibility of purchasing these medical supplies. While this may seem like a reasonable way to divide responsibilities, several legal and practical considerations must be taken into account.

Legal Considerations for Alternating Medical Supplies Purchases

• Custody and Responsibility for Medical Decisions: Custody agreements often include provisions that outline each parent’s rights and responsibilities in relation to medical decisions. In joint custody situations, both parents typically share responsibility for making major medical decisions for the child. This can extend to decisions about the need for medical supplies, though how the costs are shared may need to be specifically addressed in the agreement.
• Financial Responsibilities and Contributions: Alternating medical supply purchases can be a practical way to share the financial burden of medical care, but it must be clearly defined in the custody agreement. For example, the agreement could specify that one parent is responsible for purchasing medications in odd months, while the other parent is responsible for even months, or it could specify that one parent buys certain supplies (like inhalers) while the other covers medical equipment (like a nebulizer).
• Health Insurance and Medical Expenses: Custody agreements often address how medical expenses will be divided, especially in cases where the child is covered by health insurance. If one parent is paying for the child’s medical insurance, the other parent might be expected to cover out-of-pocket expenses, which could include medical supplies. If both parents share the costs of medical care, alternating the responsibility for purchasing supplies can help ensure that the child’s needs are met without overburdening one parent financially.
• Legal Enforcement: A provision that requires alternating purchases of medical supplies could be enforceable if it’s included in the formal custody agreement or court order. However, enforcing this agreement might be difficult if one parent fails to meet their obligation. In such cases, the other parent may need to seek legal intervention or mediation to resolve disputes.

Practical Considerations in Alternating Medical Supplies Purchasing

• Frequency and Consistency of Supplies: Some medical supplies, like prescription medications or diabetic test strips, may need to be purchased regularly and on a consistent schedule. Alternating responsibilities for purchasing these items may not be practical if the supplies need to be purchased more frequently than once a month. In such cases, parents may need to discuss an arrangement that works for both parties, possibly allowing for flexibility in how the costs are shared.
• Communication and Coordination: Alternating the purchase of medical supplies requires a high level of communication and coordination between the parents. If one parent forgets to purchase the necessary supplies or does so inconsistently, it could result in the child going without needed medication or equipment. Using shared calendars, regular check-ins, and clear documentation of what is being purchased can help avoid confusion and ensure that the child’s medical needs are met consistently.
• Medical Documentation: It is important for both parents to have access to the child’s medical records and any relevant prescriptions, as this will help ensure they are purchasing the correct supplies. In some cases, parents may need to exchange this information regularly to stay on the same page about the child’s ongoing medical needs.
• Cost Sharing and Financial Transparency: The cost of medical supplies can vary significantly, and parents may have different financial situations. Clear guidelines should be established for how costs will be split. For example, the agreement could stipulate that one parent is responsible for up to a certain amount, with the other parent covering additional expenses. If the cost of supplies is particularly high, parents may need to agree on how to handle emergencies or unplanned purchases.

Emotional and Psychological Considerations

• Child’s Well-Being: While the focus here is on the logistical and financial aspects of alternating medical supply purchases, the child’s emotional well-being should always be a priority. In situations where medical supplies are needed due to chronic conditions or serious health concerns, the child may already be dealing with emotional or physical stress. Both parents should be mindful of how they handle medical-related discussions and ensure that the process does not create additional stress for the child.
• Parental Cooperation: Alternating medical supply purchases is only feasible if both parents are willing to cooperate and communicate effectively. If there is conflict between the parents, this arrangement could become a point of contention and may negatively impact the child’s care. In such cases, mediation or co-parenting counseling may be necessary to establish healthy communication and ensure the child’s needs are met.
• Monitoring the Impact on the Child: It is important to regularly assess how the alternating responsibility is affecting the child. If there are any issues, such as missed doses or a lack of consistency in care, the parents may need to revisit the arrangement and make adjustments. Regularly checking in with the child’s health care providers can help ensure that the child is receiving the best possible care.

Example:

Consider a situation where parents have joint custody of a child with asthma, and the child requires monthly prescriptions for inhalers and daily medications. The parents agree to alternate the responsibility of purchasing the necessary supplies.

Steps to Implement the Arrangement:

• Agreement on Frequency: The parents agree that Parent A will purchase the inhalers and daily medications in even months, while Parent B will handle them in odd months.
• Shared Access to Medical Information: Both parents have access to the child’s prescriptions and medical records, ensuring they are purchasing the correct medications.
• Clear Documentation: The parents agree to use a shared digital calendar or communication platform to track when each parent has purchased supplies and what is needed next.
• Cost-Sharing Guidelines: In the event that a specific item is more expensive than expected, both parents agree to share the additional cost equally, or based on their ability to contribute.
• Regular Check-ins: The parents check in with each other at least once a month to ensure the arrangement is working smoothly and to discuss any changes to the child’s medical needs.

Conclusion:

Including alternating medical supply purchases in a custody agreement is a feasible approach to sharing the financial responsibility of a child’s medical needs. However, this arrangement requires clear communication, coordination, and legal clarity. Both parents should be proactive in ensuring the child’s well-being is not compromised and that the child’s needs are consistently met. If conflicts arise, mediation or legal intervention may be necessary to resolve disputes and maintain a positive co-parenting relationship.