Sole Legal Custody Over Medical Decisions in Arizona
The Missouri Court of Appeals in the case of Gammon v. Gammon No. WD 79869 faced an issue whether to uphold a trial court’s order granting Father sole custody of the parties’ children because of Mother’s belief that she was a healer and would use unusual treatments to care for the children’s medical needs. Although the Gammon case is not an Arizona case and, therefore, may have questionable authority in Arizona. It is instructive in terms of an argument that could be made if a similar situation existed in Arizona.
The American Bar Association reported in the Gammon case that evidence was sufficient to establish that mother’s
medical beliefs were significantly unorthodox, and thus father was appropriately awarded sole decision-making authority over their children’s medical treatment and selection of health care providers; mother rejected western medicine as a failure, believed she was a ‘healer‘ who could heal ailments by moving her hands over the body, believed she directly communicated with God to heal others, canceled her own health insurance, treated their children with oils despite children’s and father’s objections, declined to vaccinate their children against father’s wishes, and prevented father from taking their children to the doctor.
If you have questions about establishing, modifying, enforcing or termination child custody or parenting time in Arizona, please call our experienced child custody attorneys at (480)305-8300 at Hildebrand Law, PC.
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