days every week. My daughter is scheduled to have her wisdom teeth removed due to impaction. My ex is trying to have me barred from attending because her boyfriend is uncomfortable with me. Can she do this? There are no provisions in the court orders for this. I thought that in split custody, we have equal say. She has since canceled the appointment. Isn't this denying health care? I pay for all insurances and 66% of the out of pocket bills. Can I become my kids health care proxy?
Without reading your divorce decree or settlement no lawyer on this forum can give you a definitive answer on this forum. If it is a textbook legal split custody situation, however, then both parents should have equal say over healthcare decisions. Sometimes these arrangements leave absent the mention of a "tie breaker" but when they do you would have to adhere to that agreement.
If her boyfriend is uncomfortable with you that's her own issue and has nothing to do with the children. You can and depending on how often this kind of issue (boyfriend) occurs may have to bring this matter to court and depending on the severity may be grounds for modification of the legal and physical custody. I recommend taking your agreement or decree to an attorney for further evaluation and advice.
Has she denied health care? Probably not. Often times parents will "cancel" appointments and reschedule them without the other knowing anything.
As my colleague stated, your order needs to be reviewed by one of us in order to give you an idea of what you need to do.
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I agree with my colleagues that a lawyer needs to read the divorce documents to do anything more than speculate. If the judgment of divorce gives her less than final medical decisionmaking, you could have some options if your daughter cooperates. But I will take my own advice and not speculate.
I am an attorney with over 20 years of experience in matrimonial and family law, together with corporate transactions and operations experience. I practice in all five boroughs. The opinion expressed in this ad based upon the limited information provided and do not indicate an attorney-client relationship or an offer to form one. This disclaimer is intended to be fully compliant with the requirements of Treasury Department Circular 230 and the terms thereof are fully incorporated by reference.
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