Billerica, MA asked in Family Law for Massachusetts

Q: My ex had our daughters wisdom teeth removed without my knowledge. She went thru surgery and anesthesia.

Me ex and i have 2 kids (daughter 16, son 14). We were never married, we split up 14 years ago. We have 50/50 joint, physical and legal custody. My daughter had her wisdom removed over Feb vacation, unbeknownst to me. Only reason i found out is paperwork from my insurance. My ex is always hiding stuff from me, this is what shes teaching her kids. I believe this is parent alienation. I haven't seen my daughter since October, and June before that. Its a toxic mother/daughter relationship. My question is, is it legal for her to have done that? What if there was an issue with the surgery? I know this is morally wrong, ive taken my ex back to court for being in contempt, for me not seeing my daughter. Judge says as long as shes not being abused by her mother, she sees no reason to take action. Can you help??

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1 Lawyer Answer
Brian Waller
Brian Waller
  • Worcester, MA
  • Licensed in Massachusetts

A: It really depends on the details of the parenting plan. If there is a set schedule that she isn't following, she can be found in contempt and you could be awarded some make-up time. It doesn't sound like physical custody is shared 50/50 currently. That may have been the intent when the plan was established, but the court will also look at what the parents have been doing in practice recently. Sometimes parenting plans are very open and allow and encourage parents to work together to share time, but if your relationship with your ex has frayed to the point that you aren't getting as much time as you would like, you may want to file a Complaint for Modification and ask for a more definitive parenting plan that you can follow more strictly.

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