Legal Question in Family Law in Texas
Ex-husband moved to australia/custody question
My ex-husband moved to Australia 3 years ago.We have joint custody; however, I have full domicile rights.We have custody papers onfile with the court; however, nothing was changed when he moved.He is now asking that my daugher go through medical testing, as he is applying for permanent residency in Australia for himself, his wife and other two children. According to the embassy, it is necessary that my daughter go through these tests even though she is not applying for residency. My daughter is 16 yrs old and these are invasive tests (HIV, and battery of other blood tests, physical, etc.). She does not want to have this done.She has expressed this to her father.They do not have a good relationship and the only time we hear from him is in relation to these medical tests. I received a certified letter from him today 'demanding'' that I take her to have the tests done within the next 30 days. He says that since he has joint custody, he is within his rights to demand these tests. Since he no longer lives in the country, can he demand that I transport her and give authorization for her to have such tests? Any information that you can provide would be appreciated. Thank you for your assistance. --name removed--Spencer
1 Answer from Attorneys
Re: Ex-husband moved to australia/custody question
Why do the tests need to be done? What are the purposes of the tests?
Can she have them done here in Texas or does she need to go to Australia?
He can certainly retain an attorney in Texas and ask a Judge to order that the child undergo the tests.
An HIV test and other blood work is just a blood draw. It is not a painful or unreasonable test to have done. Every teen-ager should have a physical on a regular basis. In fact, most sports require a physical in order to participate. To me, going to a doctor for a physical and a blood draw is not unreasonable.
However, if you are concerned she might be HIV+ or has another pre-existing condition or illness, then my answer would be different since that knowledge would make her uninsurable.
If your case is in Harris or Ft. Bend County, you can call me for a free consultation. 713.847.6000.
Fran Brochstein
www.familylaw4u.com
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