In Texas, if an ex-spouse is neglecting a child's medical needs, there are specific legal avenues and definitions relevant to addressing medical neglect and seeking recourse:

1. Definition of Medical Neglect:
Medical neglect is legally defined under Texas Family Code §261.001(4) and Texas Administrative Code §707.469 as a failure by a person responsible for a child's care to seek, obtain, or follow through with necessary medical care, resulting in harm or immediate danger to the child's health or safety. This includes failure causing death, disfigurement, bodily injury, or substantial impairment to the child's growth or functioning.

2. Parental Rights and Obligations:
Texas Family Code Section 153.073 mandates that both parents have equal access to their child's medical information and must share relevant medical details to ensure informed decisions about the child's health. Withholding medical information from a co-parent can lead to legal consequences, including contempt of court and damage to custody arrangements.

3. Legal Recourse for Medical Neglect by an Ex-Spouse:

• Filing a Motion in Family Court: If an ex-spouse is refusing or neglecting to provide necessary medical care, the other parent can file a motion with the family court to address the issue. The court prioritizes the child's best interests and may modify custody or visitation rights to protect the child's health.
• Reporting to Child Protective Services (CPS): Medical neglect is a form of child neglect. If there is evidence that the ex-spouse is endangering the child's health by withholding medical care, CPS can investigate and intervene under Texas Family Code provisions.
• Civil Action for Medical Negligence: If the neglect involves medical providers or failure to disclose medical risks, Texas Civil Practice and Remedies Code Chapter 74 outlines the process for health care liability claims, though this typically applies to providers rather than parents.

4. Additional Considerations:

• If the child is in the custody of one parent, that parent generally has the authority to consent to medical treatment. However, both parents typically retain rights to medical information and decision-making unless a court order states otherwise.
• Cooperation and transparency between co-parents are legally required to ensure the child's well-being.

Summary:
In Texas, an ex-spouse who neglects a child's medical needs can be legally challenged through family court motions, CPS intervention, and enforcement of parental rights to medical information. The law emphasizes the child's best interests and mandates both parents' involvement in medical decisions. Failure to comply can lead to court sanctions and changes in custody arrangements to protect the child’s health.

If you face such a situation, consulting a family law attorney to navigate court procedures and protect the child's welfare is advisable.