Blended Families

Parental Consent on particular physician

Can a parent with joint legal custody - tell the other parent they do not consent to a certain dr/dentist being used?

Sorry if that is confusing asking for our friend going through difficult divorce.

Re: Parental Consent on particular physician

  • If they were given joint legal decision making then yes.
    Jen - Mom to two December 12 babies Nathaniel 12/12/06 and Addison 12/12/08
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  • imageLittlejen22:
    If they were given joint legal decision making then yes.

    This. Although, what would be so awful about a pediatric dentist that one parent wouldn't consent? 

    image
  • Yes, assuming two things:

    1) The kid is not in need of immediate/urgent care.

    2) The person has reasons an objective person/judge would support (ie, non-network provider).

    I think a parent always has the right to object, but I think people have to be reasonable, too. 

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  • It is non network and a friend of the other parent's family, although the EOB doesn't reflect any "Friend" discount.

    The other parent was told prior to child/children being seen that our friend objected to that physician for future reference.(not urgent care but simply preventative maintenance).

    So what does he do now that the children have gone to the objectionable physician?

     

  • If your friend has the finances to do so, options would include filing contempt charges and seeking to amend the CO to say that parent A is not liable for extra money when parent B takes the kiddos to non-network providers. 

     

    my read shelf:
    Erin's book recommendations, liked quotes, book clubs, book trivia, book lists (read shelf)
  • Has the email sent with proof he informed her, what would the reprucssion be? A fine and a hefty lawyer bill for him?

    He isn't worried as much about the $ aspect from the doctor bill because he just wouldn't pay it and she would have no grounds to come after him for the $ on the bill knowing he didn't consent. It does state in the current CO anything $100 or more has to be agreed upon prior to incursion (other than emergency of course).

    We are torn between telling him it might not be worth it, but see his point that if he doesn't stand up now, she will probably keep ignoring him/CO doing what she wants until he does.

  • imageHopeforthebest:

    Has the email sent with proof he informed her, what would the reprucssion be? A fine and a hefty lawyer bill for him?

    He isn't worried as much about the $ aspect from the doctor bill because he just wouldn't pay it and she would have no grounds to come after him for the $ on the bill knowing he didn't consent. It does state in the current CO anything $100 or more has to be agreed upon prior to incursion (other than emergency of course).

    We are torn between telling him it might not be worth it, but see his point that if he doesn't stand up now, she will probably keep ignoring him/CO doing what she wants until he does.

    Does the friend have a lawyer? A warning letter from a lawyer might be enough to make his point. 

    Non-network is a valid reason, but "family friend" is kind of a grey area IMO. A judge might think it's petty unless he can prove that there have been unethical/unprofessional practices as a result. 

  • imageOoglybear:
    imageHopeforthebest:

    Has the email sent with proof he informed her, what would the reprucssion be? A fine and a hefty lawyer bill for him?

    He isn't worried as much about the $ aspect from the doctor bill because he just wouldn't pay it and she would have no grounds to come after him for the $ on the bill knowing he didn't consent. It does state in the current CO anything $100 or more has to be agreed upon prior to incursion (other than emergency of course).

    We are torn between telling him it might not be worth it, but see his point that if he doesn't stand up now, she will probably keep ignoring him/CO doing what she wants until he does.

    Does the friend have a lawyer? A warning letter from a lawyer might be enough to make his point. 

    Non-network is a valid reason, but "family friend" is kind of a grey area IMO. A judge might think it's petty unless he can prove that there have been unethical/unprofessional practices as a result. 

    He did for the divorce proceedings. That just finalized within the last month so I think that is why he wants to address this now, so they start out on the right foot of knowing he expects them to both follow the CO.

    I assume he would need to pay a new retainer? He is technically finished paying for his divorce with his attorney but this new issue I assume would be more $ which is why we initially were of the opinion it might not be worth it to fight.

    I like the letter idea.I'll def. pass that along.Maybe the attorney would be willing to do that without charging a huge fee.

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