Kankakee, IL asked in Family Law and Child Custody for Illinois

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.

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1 Lawyer Answer
Brian W. Reidy
Brian W. Reidy
  • Divorce Lawyer
  • Orland Park, IL
  • Licensed in Illinois

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.

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