Legal Question in Family Law in Texas
RE: Medical services scheduled in a town 3 hours away
I am a Joint Managing Conservator with equal rights, no one can designate physical, no one has final decision making capabilities. There is a geographic restriction to county and surrounding counties.
My ex-wife emailed me recently stating she wants a second opinion done for a disorder one of our children has. I have no problem with a second opinion, but she is insisting on having it done in a small town 3 hours away. I sent her a certified letter with return receipt requested (along with a copy by first-class) with my objection and a list of local specialists covered by our insurance. I mainly object to the hardship I would incur driving over there. Is there anything else I can do to prevent her from taking our son to this doctor that's 3 hours away? Mind you, I think she is planning on moving to this town. We have a geographic restriction, which means she will have to get it approve by a judge. I am an active Dad, having my kids 3 overnights and a dinner each week (meaning I see them 5 times a week).
1 Answer from Attorneys
It is difficult to advise you without a copy of your decree. to review.
Geographical restrictions usually apply to residence. I don't think a judge is find that it is in the best interest of the child to prefer one doctor over the other. If she is going to move she has to give you notice. These requirements are spelled out in the decree. However if she has moved and has failed to give you notice or has moved outside of the geographic restriction, that would be a violation and you could take her to court.
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I suggest you retain an attorney to review your decree for a more specific answer to your question.
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