Legal Question in Family Law in California

I share joint legal custody and am responsible for 50% cost of "necessary" medical/dental care. In the court document, it states that both parents must consult in making decisions on selection of a doctor/dentist. It also states that each parent must notify the other parent within 3 days of the commencement of the first such treatment or examination. My ex decided without my consent to get our two boys braceses. She also did not use the insurance I provide for our children. Instead she went through her new husbands insurance. Now she wants me to pay half of the bill. Am I legally responsible to pay this? Did she violate court orders by not getting my consent when making this decision? Are there any laws to protect me from paying such treatment since she didn't use the dental insurance that I am required to provide for the children?


Asked on 8/31/10, 9:25 am

1 Answer from Attorneys
James Chau Law Offices James Chau

You certainly have a right to contest the choice of doctors, if there is some sort of detriment to you. If you feel another doctor is better for your child, then that is something you should bring to the judges attention in a motion. If the use of the other insurance poses higher costs to you, then again you should bring forth that issue in a motion to the judge. Just violating an order without a detriment isn't really a reason to contest something. In many ways if the alternative choice is cheaper and beneficial, then you should not complain.

or self represented individuals you can consult with the family law facilitator self help center at your local court house.

As always please consult a local attorney prior to taking legal action. Good luck. Also please check out my Santa Clara County Family Lawyer blog.

Law Offices James Chau

1625 The Alameda Suite 204

San Jose, CA. 95126

http://www.jameschaulaw.com/

http://sanjosefamilylawyer.blogspot.com/

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Answered on 9/26/10, 4:20 pm


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