In the state of california, isn't it the responsibility for the
primary physical custody parent to take the child to the doctor while
that child is in their care, instead of the parent who gets visitation
only on every other weekend and the child is not with them while they
are sick? This a 50-50 legal
custody with both parents to decide issues but one parent with physical custody
and one parent visitation ,if this helps you any.

Dear bashfulone-ga

Thank you for allowing me to answer your interesting question.

California Family Code does not specify, nor does it commission one
parent over another the sole responsibility to provide medical care to
a minor child in a ?50/50? (i.e. joint custody) situation. According
to state statutes the responsibility falls equally between the
custodial and non-custodial parent. Family Code §3003 states
forthrightly (the emphasis in caps is mine for attention sake):

?Joint legal custody" means that both parents shall share the right
AND THE RESPONSIBILITY to make the decisions relating to the health,
education, and welfare of a child.?

CALIFORNIA CODES
FAMILY CODE SECTION 3000-3007
http://www.leginfo.ca.gov/cgi-bin/waisgate?WAISdocID=53652814117+0+0+0&WAISaction=retrieve

State statutes only address the issue of medical decision-making.
While we cannot provide legal advice in this forum where interpreting
state law is concerned, it certainly appears, by virtue of the wording
of the statute, that if a child is in need of medical care that the
parent who makes this determination is the one responsible to see that
appropriate care is provided in a timely and effective manner. In
fact, it might be argued that failure to do so could be construed as
neglect. In an unfortunate situation where the parents cannot agree to
whom this responsibility falls, the court may be required to
intervene.

?If the parents with joint legal custody are unable to agree about the
treatment that should be provided, it may be necessary to obtain a
court order resolving the matter before treatment is provided, unless
there is an emergency.?
MEDICAL CARE FOR MINORS
http://www.cmanet.org/publicdoc.cfm/15/4/GENER/165

Having pointing these things out, it appears that if the child needs
medical care it is the responsibility of the parent who physically has
the child in their care AT THAT TIME to provide it. As our disclaimer
suggests however, it is always best however to seek the advice of an
attorney on legal matters.

I hope you find that my answer exceeds your expectations. If you have
any questions about my research please post a clarification request
prior to rating the answer. Otherwise I welcome your rating and your
final comments and I look forward to working with you again in the
near future. Thank you for bringing your question to us.

Best regards;
Tutuzdad-ga ? Google Answers Researcher



INFORMATION SOURCES

Defined above


SEARCH STRATEGY


SEARCH ENGINE USED:

Google ://www.google.com


SEARCH TERMS USED:

California

Family code

Divorce

Custody

Custodial parent

Non-custodial parent

Joint custody

Law