Does my ex-wife get to make all the decisions about our kids?

On Behalf of | Feb 1, 2019 | Family Law |

You have always worked hard for your family, and since your divorce, it has not changed. What has is your living arrangement with your children. Not living with them is proving difficult, and your ex is cutting you out of the loop.

You learn about things like doctor’s appointments when you receive a bill. You just found out that your daughter is getting braces in a week. If you live in Chattanooga, does your ex get to make all these decisions without you?

Custody arrangements

During your divorce, you hammered out a custody arrangement. If you received joint legal custody, you have the same legal rights as your ex when it comes to your kids. You have the right to visit them at school, obtain medical information and make emergency decisions during their time with you. In shared custody, each parent is sometimes obligated to consult with the other in certain matters. Examples usually include school changes and medical care.

Medically necessary clause

One other element that may exist in your current plan is a medically necessary clause, which means one parent does not have to consult with the other when it comes to treatment deemed necessary. If, for instance, your daughter breaks her ankle, you do not need your ex’s permission to take her to the doctor for treatment.

Medical reimbursement schedule

Having a reimbursement process for medical bills is pretty typical. Common inclusions include doctor visits co-pays and prescription costs. The method may include a timeframe for requesting the reimbursement, proof of the expense (such as a receipt) and a deadline for sending payment. When it comes to more substantial expenses, such as orthodontics, your plan may require that you consult with each other.

If your parenting plan is too broad to work, you may want to revise it. If you have shared legal custody, you have every right to make decisions for your children. Know when it is time to revisit your divorce and custody papers to reinforce your rights and give you the confidence to step up for your kids and stand up to your ex.