Q: Farther has primary custody. He has not fixed minor child’s teeth in six months. What can I file to get him in trouble?
Father has primary custody. I only see minor child every other weekend. She has four cavities. I told him to get them fixed. He tells me he will but never does it. I can’t take her to dentist and do not have the policy number. He denies me the information. The temporary parental order doesn’t state anything about get her teeth fixed. I tried to bring it up to the court during a different contempt issue. The court wouldn’t let me submit any evidence or even talk about it because it wasn’t relevant to the contempt issue at the time. I want to bring it up to family court if possible. It’s child neglect of basic health.
A: The custody agreement or order (if there is one) will provide the remedy. If the father is obligated under the consent or custody order -- or under a custody agreement -- to provide orthodontics services, your lawyer can make a motion to show cause for contempt to ask a judge to force him to do so. You can under certain circumstances ask for attorney fees for his failure to do so, also.
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