Legal Question in Family Law in California

If the court adopted a joint, legal and physical custody. And determined the parents would contact each other before making any decisions regarding the kids, also to split costs.

What happens when one parent alone has cosmetic dental work (braces) done without the other parent 's consent, and then they want half the cost?


Asked on 10/08/10, 11:05 pm

1 Answer from Attorneys

That's a pretty complicated issue. For better or worse, Family Court judges see themselves much more as Solomons than enforcers of the law in most cases. So the first issue is going to be whether the braces were necessary or purely cosmetic. If they were purely cosmetic, then you have a good case for not paying for something not agreed on. If they were necessary, it gets very complicated, including issues such as the reasonableness of the amount (you can't be charged for titanium robotic braces when regular ones would do, without consultation and agreement), payment arrangements, and timing of the request. A parent only has 30-days to notify the other parent of a request for reimbursement for necessary expenses. So you have to decide whether to bother with an OSC re: contempt, which is a longshot but puts you on the offensive, or just wait until they go to court and ask for reimbursement.

Read more
Answered on 10/14/10, 1:33 pm


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in California