Legal Question in Family Law in Montana

As the bio father and a party to child-related issues, bio father has standing to bring an issue before the court. Whether he has grounds and/or a good argument is another matter.

Braces are sometimes cosmetic corrections. Many parents try to avoid sharing the cost by saying orthodontia is"cosmetic" rather than necessary. But you said they "need braces."

Without expert testimony, this is a he said/she said problem. The parent who wants to begin orthodontia will need to show the court that correction is necessary to correct a current problem or prevent problems later. This parent needs at least one orthodontist to testify that orthodontia is necessary, what problems it will fix, and what potential problems it will prevent. The orthodontist should be able to also estimate the cost of braces versus the cost of correcting the future problem.

Likewise, the objecting parent will need to provide a professional to testify why the girls don't "need" braces but they do "need" to participate in the activities they're enrolled in.

If it's a matter of appearance and self-esteem, the children could speak with the judge in chambers. If the children have talked with teachers or guidance counselors, and if the children want those professionals to testify in their behalf, the children can provide releases of information to allow testimony in support of the children's wish to correct the problem.

Bonus round -- Extra-curricular activities: Look again at the parenting plan. Does it say that a parent pays 100% of sport-related activity and costs if that parent signs the child up without consulting wtih other parent? If yes, mom's 100% on the hook for activities she didn't talk about with dad. That indicates mom's willingness to foot the sports bill to the detriment of the children's overall health. It also might indicate mom's willingness to foot the bill rather than consult with dad. It could be that mom is deliberately infringing on dad's right to be consulted, or it could be dad won't allow the sports so mom foots the entire bill because she and the girls think the sport is important enough.