Legal Question in Family Law in Texas

I live in Texas and we have joint custody of our son (50/50). Our divorce decree states that each of us can take our son to the doctor when it is necessary and to the dentist for non invasive procedures without consulting the other party. Are braces considered invasive? My son needs them and his dad is making a huge deal out of it. Not because of the cost because in the end it is only costing him $250, but because he makes everything a big deal unless it is his idea. I am wondering if I go ahead and take my son to have braces put on if I can get in trouble with the courts. Of course his dad hasn't kept up most of his financial part of the divorce decree so going back to court might not be a bad idea...just expensive. tt


Asked on 4/05/10, 7:43 pm

1 Answer from Attorneys
Keith Engelke Law Office of S. Keith Engelke

I am not sure whether braces are invasive. It would be a good idea to get a letter from a dentist or orthodontist stating the procedure is non invasive and necessary before you proceed. I suggest you contact your attorney and show him or her a copy of the letter.

I would think about providing your husband a copy of the letter from the doctor stating that the procedure is non invasive and the braces are necessary. Send a copy of this letter along with notice of the appointment well in advance of the appointment, at least 30 days. In your letter state that you are providing the advance notice well in advance so he can file an injuction with the court if he objects. This would place the onus upon him to get a lawyer, and file an injunction to stop the procedure.

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Answered on 4/11/10, 9:36 am


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