Can I Make Emergency Medical Decisions for My Child if My Co-Parent Can't Be Reached?

 Posted on May 14, 2026 in Child Custody

Your court custody orders may say that decisions about your child’s medical treatment need to be made with the consent of the child’s other parent. Sometimes, though, things go badly wrong, and decisions need to be made immediately. In these cases, Texas law allows the parent the child is with to make decisions independently of their co-parent.

The situation needs to be a true emergency, not an issue that’s been exaggerated to cut the other parent out of the decision-making process. Our Collin County, TX custody lawyers can help you understand what kinds of circumstances qualify in 2026.

Does Texas Law Give Both Parents the Right to Make Medical Decisions?

Under the Texas Family Code Section 153.073, a parent appointed as a conservator of their child is entitled to make decisions for their child. The specifics of what decisions they can make will be outlined in their court order. If you are appointed a conservator or joint conservator by your court orders, you may be able to make necessary medical decisions for your child. Texas courts generally favor making parents joint conservators of their children.

Sometimes, though, decision-making power is granted to only one parent. This can make authorizing decisions about healthcare less straightforward for the parent who is not the conservator if something urgent comes up.

When Might I Be Able To Approve Medical Care Even If I’m Not My Child’s Conservator?

Examples of emergencies where a parent who isn’t a conservator can authorize treatment include:

• A severe allergic reaction requiring an epinephrine injection or emergency room treatment

• A high fever with seizures or loss of consciousness

• A head injury from a fall or accident with signs of a traumatic brain injury

• Accidental poisoning or drug ingestion

• A serious cut or wound that is bleeding profusely

• Difficulty breathing due to an asthma attack or other respiratory emergency

• A car accident resulting in injuries that need immediate treatment

If your order doesn't address medical decisions, Texas courts usually fall back on the default rules in the Family Code. If you’re unsure of what your orders allow or don’t allow medically, an attorney can review them with you.

Can a Texas Hospital or Doctor Refuse To Treat My Child Without Both Parents Present?

In a true emergency, emergency medical services cannot refuse to treat a child just because the parent with conservatorship isn’t present. Medical providers can treat a minor without parental consent when there's an immediate threat to life or health. Providers aren't expected to delay emergency treatment in order to locate the other parent.

For non-emergency care, such as scheduled surgeries, certain medications, or mental health treatments, the rules of your court order apply. Providers may ask for documentation of your conservatorship rights in these cases.

What if My Inability To Make Health Decisions Is Negatively Impacting My Child?

If you aren’t a conservator for your child and are finding that this is preventing you from getting your child the needed care, you can petition the court to reexamine your custody orders. To successfully make a change to orders, you will need to give the court very compelling evidence that your life circumstances have changed such that the old orders aren’t realistic, or show that the old orders are negatively impacting your child. If you believe your orders need to be updated, speak to an attorney with experience in custody issues.

Call a Frisco, TX Child Custody Lawyer Today

If you’re unsure about how your custody orders impact your decision-making for your child, our Collin County family law attorneys can help you. At The Law Office of Linda Risinger, we are a mother-daughter team with over 30 years of combined experience in family law. Call 972-294-6533 today for a free consultation. We’re local and offer free consultations and are focused on getting you the best results while keeping costs manageable.