Q: Is there such a thing of abuse of primary authority of decision making of minor children?
Our child had braces about 5 years ago and now has them again but my ex doesn't feel there is enough progression (3 months) and wants them taken off and a new type put on. We have already entered in a 2 year contract with the Orthodontist and insurance has already paid their portion. This change will cause a new contract and insurance will not pay for another round of braces. My ex has the final authority to make medical decisions but I feel that our child's best interest isn't being made. One, our child does not want the newer type of braces. Second, the braces will need to be taken off and then new new type setup and prepped causing discomfort and pain. Lastly, we will be paying for the third set of braces out of pocket and still be paying on the second pair per our contract and will limit the child's extracurricular activities and impacts the household. Maybe this isn't abuse but clearly not thought out with the child's best interest in mind.
A: It may not be abuse, but it certainly is a basis for you to seek a modification of your financial responsibility. Given the facts that you have presented here, I believe a judge would not hold you responsible for 50% Or any other amount if you file a timely motion. You might also consider filing a motion for a GAAL to help the court determine what is truly in the best interest of your child given that your child does not want these new braces.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.