Legal Question in Family Law in California

How can I file a motion to prevent my ex wife from making medical appointments for my children and prevent her from contacting the billing departments since I have custody.


Asked on 8/24/11, 12:26 pm

2 Answers from Attorneys

Mark Saltzman, MBA, JD Law Offices of Mark E. Saltzman

Check your custody order for who has legal custody. This term differs from physical custody. Physical custody refers to that parent (or parents) who has (or have) the physical responsibility for the care of the child. Legal custody refers to the parent/s who will have the decision-making authority relating to the health, education, and welfare of a child.

These two custody aspects may be joint or sole or they may be in different proportions. If your ex wife has legal custody or the two of you have joint legal custody (which is common), then she has a right to make medical appointments and check on billing. If she does not have legal custody and you do, then she must stop. If she does not stop at your request, you can ask the court for an order.

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Answered on 8/24/11, 1:18 pm

What Mr. Saltzman says is correct, but doesn't answer your question. If, as he discusses, you have the sole legal right to do these things, then you file a motion in the Family Law Court, under the same case number as your divorce (the case technically stays open indefinitely when there are children). In the motion you ask the court to order that she stop. How to go about getting that motion on file and served, in a form and content that will have a chance of success, is too complex to go into here. You will need to talk to the "Self Help" or "Family Law Facilitator" office at the Family Court, or contact an attorney to assist you.

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Answered on 8/24/11, 1:33 pm


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