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What the law says about the non custodial parent participating with doctor's appoinments and so forth?

Morristown, NJ |

I am the NCP w jnt custody. ex is very controling she does everything that is possible to exclude me from my son's life he is only 4. I want to participate with his lif.e take him to the doctor, to school, etc. she makes all docts appoinmts during my working hours. I ask her to do it after 4:30 so I can assist as well. She nevers cooperates. Now I told her I made an appoinment to take him to the dentist. SHe called the dentist and changed the appoinmnt at 3PM knowing that I am at work. What the laws says regarding my rights. I know that she cares for him as a primary CP, but I want to get involved too. Is that to much to ask to make the appnts after 4:30? Can I ask the judge to let me care of his dental appoinmentslike somehow share the care of our son.

Attorney Answers 4

  1. Best answer

    If you have a court order stating joint legal custody, and the mother is the CP and the Parent of Primary Residence, then the PPR generally has the ability to control the times of appointments so that they are convenient for her life, and if necessary for her. However, you can ask the CP if she will accommodate your requests. You can also contact the doctor's offices and see if they will, at least, inform you when appointments are made so you may attend.

  2. You need to retain counsel and have a consultation. You do not state whether or not there are any existing Court Orders or if you just have an informal arrangement. With Joint Custody, you have an equal say in everything that pertains to your son. Good luck.

    If you found this Answer helpful, please mark it as "Best Answer" Please be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.

  3. It sounds as if you need to consult an attorney to file a modification of the custody order so she lets you have more input in your son's life. A court order could help deter your ex from controlling the entire situation.

    This answer is for informational purposes only. It does not establish an attorney client relationship.

  4. If you have joint custody, you are entitled to full participation in the medical and educational activities of your child. This includes involvement in doctors visits and determining the medical care to be provided (or not to be provided). The school should also be notified that you should receive all notices that a parent would receive. If any of this is met with resistance, then, yes , you will need to go to the Family Part of the County and file an application to memorialize these rights.

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