I would like to obtain braces for her; however, I cannot get a direct answer from my ex on this topic.
I don't know why he would refuse. Perhaps if you send him an email providing 10 days to respond or you file a RFO to request same would be your best approach. Will you be asking him to pay 1/2? If so, that is another issue as to whether they are medically necessary or not.
With joint legal custody you must obtain the consent of your ex as braces are usually not an emergency procedure. You would be well advised to obtain the assistance of experienced counsel to attempt to get a straight answer from your ex. By the way you should always refer to the minor child as "our daughter."
I disagree with my colleagues. When parents hold Joint Legal Custody mutual assent is unnecessary. That is the general rule. A judge may require mutual assent under certain circumstances, but if this is done the judge must provide both the circumstances where agreement is necessary and the consequences for acting unilaterally in the custody order. However, I HAVE seen judges who believe agreement IS necessary. So….
You only need to provide “notice” to you ex so he or she can file a request for order if he or she believes braces are detrimental to your daughter. I agree with Mr. Eads regarding notice, but do not believe you need to file an RFO to request braces.
If time is not of the essence, I would provide at least 6-weeks’ notice so you ex, if he or she wishes to file an RFO, he/she need not do it on an expedited basis.
I am licensed in California only. My answer here is based upon California Law. My answer here is not based upon your particular facts, and as such is not legal advice. For a more complete answer, based upon your particular situation, I advise that you consult with an attorney.
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