I am in New York State. Last year I was awarded final say for all medical and health related issues for my two children. I recently went to two orthodontist consultations and my ex husband attended both. I picked one to visit and he picked the other. One orthodontist want to extract two of my sons baby teeth and out in an expander. The other wants to not extract the teeth and out an expander in with top braces. The first orthodontist is cheaper because they only showed us a phase 1. The second showed us the entire orthodontist process for our son. My son likes the second orthodontist better. He felt more comfortable and likes that he won't have to get his teeth pulled. I also liked the second orthodontist. I went back and forth with my ex husband letting him n ow how I felt and he did the same. I told him that I decided that I’d like to move forward with the second orthodontist. He blew up and told me he is going to take me to court about this. I spoke with an attorney who told me I have done nothing wrong and can move forward with the orthodontist treatment. She said that he can’t take me to court for not agreeing on the provider because that is why I have final say. Is this true?
If the custody order provides you with final say on medical issues, you should be fine. He can file a petition in court, but you have not violated the terms of the order.
She is right to the extent that you have done nothing wrong, but that doesn’t mean he can’t file a frivolous petition and take you to court. It will get kicked out but you still need to show if he files and serves properly. My advice is get the orthodontist work you choose started and don’t look back.
Based on your fact pattern, it seems like you have the legal authority to make the choice regarding the orthodontist for your child.
If your Divorce Decree or Family Court Order specifically identifies that you have final decision authority in medical decisions, then you absolutely have the right to independently decide on who the orthodontist is.
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