Family law
What to include in custody proposals to ensure continuity of healthcare providers and medical record access
A practical guide for separating parents to protect children’s medical care, ensuring steady access to doctors, medications, and medical histories through thoughtful custody proposals and clear, enforceable language.
July 19, 2025 - 3 min Read
When parents separate, safeguarding a child’s ongoing medical care becomes a central task. A well-crafted custody proposal should begin with a precise, patient-centered statement about the child’s healthcare needs. This includes listing current primary care physicians, specialists, and any ongoing therapies, as well as the child’s preferred hospitals or clinics. The document should also note important health insurance details and the process for approving emergency care. Clarity here reduces confusion and avoids disruption during transitions. It invites collaboration, encouraging both guardians to support consistent routines, timely medical appointments, and uninterrupted access to medical advice. In short, the opening section sets the tone for ongoing wellness, not disruption.
Beyond naming doctors, a robust proposal specifies how records are accessed and shared. It should require both parents to maintain up-to-date contact with healthcare providers and to give consent forms that permit release of records to either guardian or to medical teams as needed. The proposal should address who bears responsibility for obtaining test results, vaccinations, and immunization updates, and how these records can be retrieved quickly in the event of an illness or injury. Including language about secure electronic portals, fax, or mail ensures that vital information travels rapidly and accurately. This section helps prevent gaps in the child’s medical history.
Build in guardrails that protect timely medical responses and access.
A thorough custody plan describes how to handle routine medical visits and urgent care. It should outline a shared calendar or digital platform for scheduling appointments and communicating changes. The plan must specify how decisions are made for non-emergency medical treatments, including who can authorize vaccinations or preventive services when immediate parental consent is needed. It’s important to include contingencies for what happens if one parent is temporarily unavailable due to work or travel. By anticipating common scenarios, the document reduces delays and keeps the child connected to familiar clinicians and consistent care standards, even as family circumstances evolve.
The medical decision-making section should distinguish between routine care and emergencies. For routine interventions, define a decision-making process that respects both parents’ input while designating a primary decision-maker if there is disagreement. The proposal can include thresholds for seeking second opinions or consulting with specialists. It should also incorporate a clear mechanism for resolving conflicts, such as mediation, and specify how quickly disputes will be addressed so the child’s care isn’t stalled. In emergencies, it should authorize immediate medical attention with post-treatment notification to the other parent.
Establish practical procedures that keep medical access uninterrupted.
Health insurance continuity deserves its own explicit treatment in custody agreements. The document should require both parents to maintain active coverage, ensure premium payments, and promptly share insurance card information with the other guardian. It should outline who pays deductibles and out-of-pocket costs, and how to handle changes in policy or carrier. The proposal should require the child to receive notification of any insurance changes and mandate that either parent can initiate emergency claims. A backup plan for out-of-network emergencies helps prevent delays in critical care when the usual providers are unavailable.
A well-structured plan addresses consent for treatment, record access, and provider communication. It should specify that either parent may authorize routine non-emergency procedures while both guardians remain informed of the rationale and potential alternatives. The proposal should establish a standard that both parents agree to notify clinics about the custody arrangements and to update contact information regularly. It should encourage direct communication with clinicians through secure channels, ensuring consent forms, lab orders, and referrals flow smoothly. Building these operational details into the custody proposal minimizes confusion during transitions and supports consistent clinical accountability.
Integrate privacy, security, and transparency in health information.
Continuity of care also depends on transportation logistics for appointments. The proposal should include a plan for who will accompany the child to visits, how late arrivals or rescheduling are handled, and what happens if one parent is unavailable. It should specify preferred transportation routes, pickup times, and any alternatives for medical emergencies. Clear expectations help clinicians deliver timely services and reduce last-minute disruptions. The document can also propose a protocol for telehealth when in-person visits are impractical, ensuring the child remains connected to their care team regardless of parental schedules.
Documentation and record-retention protocols deserve careful attention. The custody proposal should require both parents to keep copies of medical records and to maintain an organized system for storing copies securely. It should set expectations about data privacy, the use of third-party storage solutions, and who may access the information. The plan should also address how to handle lost records, requests for copies, and the process for resolving discrepancies between versions of the child’s medical history. Proper documentation reduces friction and supports transparent, ongoing clinical oversight.
Create enforceable, clear language that can be followed.
Privacy protections must be a cornerstone of any custody agreement involving medical data. The document should outline permitted disclosures, ensure compliance with relevant laws, and limit access to necessary personnel. It should also specify the steps each parent must take to secure devices and accounts used to manage medical information. Consider including a protocol for situations where one parent poses a risk to the child’s safety through inappropriate access to records. A balanced approach safeguards sensitive information while enabling necessary medical coordination.
Communication channels between guardians and providers matter as much as medical decisions. The proposal should require regular summaries from clinicians to both parents, with consent for sharing notes and test results. It should describe how changes in treatment plans are communicated, including when to escalate concerns to pediatricians or specialists. The plan should encourage proactive discussions about preventive care, medication management, and adherence support. With consistent, clear communication, the child’s health trajectory remains stable, and minor issues are caught early.
A custody proposal succeeds when it translates into enforceable obligations rather than vague expectations. It should specify timelines for responding to medical inquiries, approving treatments, and transferring records. The document should name the governing jurisdiction and the process for modification if medical needs change. It should also describe consequences for failing to comply, including mediation or court intervention as a last resort. To maximize effectiveness, include a template clause that your attorney can customize to reflect your family’s unique health needs and legal framework.
Finally, integrate a child-centered perspective to every medical provision. The proposal should invite input from the child’s clinician when appropriate and appropriate, respecting the child’s evolving capacity to participate in decisions about care. It should emphasize continuity, compassion, and the child’s comfort with familiar providers. By anchoring custody terms in the child’s best interests, families can navigate separation while preserving stability in medical care, maintaining trust with caregivers, and safeguarding the child’s overall health and well-being.
