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Does the non-custodial father have the legal right to

New York, NY |

Does the non-custodial father have the legal right to pierce the ears of his daughter (with out her mothers consent, and make her wear earrings, when she is with him? A medical doctor says that he did a good job in piercing her ears and does not see a medical problem related to him piercing her ears.

Attorney Answers 5


  1. Yes you do have the right or there is nothing preventing you from doing it, but I would talk it over with the mother it could create drama for a cosmetic purpose


  2. Rather than going to court over this, I would hope the two of you could talk this over for resolution. If not, I see bigger problems down the road.

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  3. While piercing a child's ears is definitely something that the parents should discuss, this is not a situtation where anyone should file a petition in family court. In the future, discuss theses issues. Non-custodial versus custodial is not the issue. If you have joint legal custody, these matters should be made with consent of both parties.


  4. I think the answer to that is yes - she would generally have decision-making over such issues.

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  5. I agree with my colleagues that this isn't something to take to court, but I don't agree that the non-custodial parent has the right to take this action without the consent of the custodial parent. It may be the CHILD'S right to have this done but technically, I do not believe the law permits the non-custodial parent the right to do this. That said, if the custodial parent objects, and the child and the non-custodial parent will not respect this objection, then it could be a sign that (1) the custodial parent isn't making choices that are consistent with the best interests of the child; or (2) the non-custodial parent is displaying poor judgment and disrespect for the custody order--maybe both.

    Ms. Brown may be reached at 718-878-6886 during regular business hours, or anytime by email at: marykatherinebrown@hotmail.com. All of Ms. Brown's responses to questions posted on AVVO are intended as general information based upon the facts stated in the question, and are provided for educational purposes of the public, not any specific individual, and her response to the question above is not legal advice and it does not create an attorney-client relationship. Ms. Brown is licensed to practice law in New York. If you would like to obtain specific legal advice about this issue, you must contact an attorney who is licensed to practice law in your state.

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