Legal Question in Family Law in Texas
I hope you can clarify. Per Texas Family Code, is orthodontia considered standard medical/dental work or is it considered an "elective" procedure? Meaning, can my ex-wife take our boys to an orthodontist and get them braces without my consent then expect me to pay 50% of the cost? My boys told me their mother took them to an orthodontist and they both need braces. I'm sure they do and I'll pay my part if I have to but she has yet to contact me nor has she "Furnished" any documents related to the kids ortho visit. I don't even know who the name of the Orthodontist! Can she do this and I have no say so in the matter? What if I simply cannot afford it? I'd like to know my rights. Please help. Thank you!
1 Answer from Attorneys
Tell her that you will pay the orthodontist directly. Make a payment plan with the orthodontist.
You have the right to talk to the orthodontist. Read your decree - it normally states that you can consult with any medical service provider that your children go to. So get the doctor's name address and phone number. Call him/her and talk to the doctor about the children's medical needs and what his/her recommendation are for their braces.
Read your current legal document that is in place. If you don't understand it then take it to a lawyer and go over it so you do understand it. It's worth paying a lawyer for an hour of an attorney's time so you understand what your legal rights are regarding medical decisions regarding your children.
Perhaps mediation is appropriate for you and your ex if you cannot sit down and discuss your children's needs.
Good luck!
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