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The charge facing Jay and Rose Cherrix is straightforward – medical neglect.

They support their 16-year-old son’s decision to pursue alternative therapy for his Hodgkins’ disease rather than submit to chemotherapy and radiation.

Some observers say this case is about a patient's right to choose.

"I think the question is whether the court feels it is in a position to impose treatment in a meaningful way when the family and the child, who has reached a level of maturity, is opposed to it," said Jonathan Moreno, Ph.D., of the University of Virginia Bioethics Center.

Mike Babcock, 13News

The Cherrix family and their attorney at CHKD in June.

Cherrix family attorney John Stepanovich says the case isn’t about deciding between cancer treatments. “We see this as a case about parental rights and who gets to make this choice and it's always been about the parents making this choice.

Abraham Cherrix is at the center of the medical controversy.  He wants to undergo Hoxsey treatment, a natural diet which has little scientific backing. "I decided through immense study that the chemo was not working and the diet could, so that's what really edged me on to do it," Abraham has said.

Abraham’s attorney, Barry Taylor, says his client is old enough to decide for himself. "So, it's a very important issue in the case as to what age becomes the bright line for the decision making process. Is it 18? 16? 15? Where does the line get drawn?"

The attorney for the State of Virginia, who has declined to be interviewed, says the case is about which treatment is right. He told the judge that Abraham should be treated appropriately as the court sees fit.

Appropriate, from the state’s perspective, is the chemotherapy at Children's Hospital of the King's Daughters that has been unsuccessful.

The Chincoteague teenager doesn’t want to endure again.

"Society does have and must have other ways of working these things out rather than going to the courts," Dr. Moreno added.

For now, it’s in the courts. An Accomack County circuit court judge temporarily granted sole custody to his parents, overuling a juvenile court judge who ordered shared custody with Child Protective Services.

The circuit court judge will hear more on the controversial case on Wednesday.