Legal Question in Family Law in California

Joint Legal Custody Disagreement over Orthodontics

My nephew lives with his father who has physical custody of him. My sister shares joint legal custody with the father.

My nephew needs to have orthodontic word done for severe crowding, which my sister is paying for, in full. She has arranged for all of the appointments, including having teeth pulled, with the father's input and consent. Until now.

The father is refusing to allow my nephew to get orthodontic work done, will not answer my sister's calls, and is verbally abusive to her when she can get ahold of him. Does she have a legal right to insist my nephew be able to get the orthodontic treatment she is paying for?

My sister is a single parent raising two other children who are living with her and she has just now returned to work as a dental assistant. She qualifies as low income, but does not have the time to go to the court house or money to hire a lawyer. Is there someone who is willing to do pro bono work or who can provide extremely low rates to help her?

Thank you.


Asked on 10/24/06, 7:17 pm

2 Answers from Attorneys
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: Joint Legal Custody Disagreement over Orthodontics

She should file a motion to change custody and order that the orthodontic treatment is to be completed. The failure of the father to provide necessary medical treatment is a ground for a change of custody. Although orthodontics are not absolutely necessary it is important to the child and his mental health. She should take this action as quickly as possible. The passage of a significant period of time will weaken her position.

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Answered on 10/27/06, 12:56 am
H.M. Torrey The Law Offices of H.M. Torrey

Re: Joint Legal Custody Disagreement over Orthodontics

We may be able to affordably assist your sister, but would need to speak with her directly regarding the specifics of her situation and legal goals. For a free phone consultation, have her call us this week.

God Bless.

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Answered on 10/24/06, 7:46 pm


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