Legal Question in Family Law in Texas
We are Joint Managing Conservators. I'm the primary custodian. I always let the non-custodian parent know about upcoming medical appointments. She claims that the decision of if the children have to go to the doctor and where to take them is a joint decision. My decree says that both parents have the right to "To talk or confer with the other parent about upcoming decisions concerning the child�s health." "Consent to invasive, non-emergency medical, dental, and surgical treatment for the children." I am aware that she has the right to know about all medical appointments and that she must consent for invasive non-emergency procedures. My question is: Do I need her consent prior to taking the children to routine doctor visits?
1 Answer from Attorneys
It's nice if you let her know and invite her to go to the doctor.
Eventually one parent normally makes the decision. You need to carefully read your decree -- usually if the parties must agree then the tie-breaker is the pediatrician.
If you have the "independent" or "sole" decision making power then you can make the final decisions on your own.
The right to talk or confer does not mean that you will agree - someone (usually one parent) has the final say-so.
If you don't understand your decree, take it to an attorney to review.
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