Is consent required from both mother and father for a medically necessary surgery in NYS?

Q– 9 month old baby boy needs surgery to correct a hypospadia (urethra not in correct position). 3 specialists were seen and all were in agreement that surgery was necessary the sooner the better to correct it. Child is on father’s insurance policy. Mother does not have insurance and is not married to father. Father went ahead with the surgery without informing mother since she was opposed to surgery. Can the father face legal issues?

A- If there were no court orders in place which Father allegedly violated, then no. Thus, if you do not have a custody decree in place, it is recommended you file an application in Family Court or Supreme Court (the latter if you’re still married). Schedule a consult with a Westchester Child Custody attorney for a full assessment.