Legal Question in Family Law in Maryland

Re: Who is Responsible Party for Lost Retainer (Dental Device)?

I agree with Ms. Press. Whatever formula you have in your agreement or court order for dividing uninsured medical expenses will apply in almost all cases. The only exceptions might be if the father intentionally threw the retainer away or destroyed it. Another exception that doesn't really apply to retainers is that my 12 year old is constantly losing her glasses when she is with her mom. Her mom has primary physical custody. Her mom buys her $200 designer frames, but I only reimburse $50 a pair because that is the amount I consider fair and reasonable as my 50% share.

Re: Who is Responsible Party for Lost Retainer (Dental Device)?

Unfortunately ten year old children will lose their retainers, break their glasses, and break or lose anything else which isn't solidly attached to them. If the percentages on which you based the division of responsibility for the original retainer are based on a court order for sharing medical expenses, the same formula will apply to the replacement retainer. I don't think you can blame the father for the loss because it happened during visitation, any more than you would want to be blamed for a loss that occurred while your daughter is in your care. In fact I would try to avoid blaming anybody. Your daughter will thank you if the lost retainer doesn't become the basis for a big argument between her parents.