The child was taken by the NCP to her normal doctor's office because of a normal complaint. The doctor's office sent referral for a specialist. NCP asked to be notified, instead of myself, for time and date of apt, I called doctor's office and was told that I would be notified as well. NCP told me he would inform me of date and time, if he was notified. I told him the same.
NCP calls me today and tells me results of apt, and tells me he didn't need to inform me of the appointment because "It was his time with her, not mine"...I told him that when it came to things that were not normal, everyday things, regarding our child's health, we both should be able to be there, and he took that right away from our child and from myself as well. He doesn't agree with me at all.
Your understanding is likely correct. Generally, joint custody means your are both able to parent together, which means that issues regarding education and health are decided together. If he does not agree, then the only thing you can "do" is seek the court's intervention to force him to comply. Alternatively, you can speak with a local family law attorney who perhaps could send him a letter explaining what the law requires and should he refuse to comply in the future, then you will seek court intervention.
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I would say he has gotten that particular bit wrong. If there is a condition in the parenting plan that each of you is to inform the other of doctor's appointments and the like, it does not matter if they occur during one parent's time or the other's.
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I don't understand why Ms. Martinez Scanziani and Mr. Anthony are answering this question, as neither seemed to be licensed to practice law in Pennsylvania.
Nonetheless, given what you provided above, additional information will most likely have to be ascertained in order to give you a proper answer. For example, if there is a custody agreement already in effect that discusses medical care of the child, that agreement may be controlling and there may be a possible contempt action.
I would suggest you find a Pennsylvania attorney in your county who practices family law and bring all documents concerning to your custody action to him/her.
Best of luck!
The very definition of joint legal custody is the right of both parents to be kept informed and to have input into medical, educational and religious decisions that affect the child. One parent doesn't have the right to keep information regarding appointments from the other. The situation needs to be dealt with and if your doctor's office will not put both of you down as main contacts, then you will have to address that with the office manager. There is no excuse for such foolishness. Your ex may not understand, so I can judge wihether he's being intentionally difficult or if he's just ignorant. I would put this incident in writing, and document what has happened. Lay it out clearly, and explain your expectations. If it occurs again, then you may have to file a Petition for Contempt, in order to get the court to deal with the problem and prevent future problems. Good luck to you!
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