Legal custody & medical treatment

My ex and I have 50/50 legal custody. I have primary physical. My child needs braces. We have both agreed she will get them. We have gone to 4 orthodontists (per ex’s request) for consultations. We have ruled it down to 2 offices. Price wise they are only a mere $9 difference, no difference in service.

I will remind you ex does not come to any doctor/dental appts. In our agreement it states if we do not agree we will settle in arbitration. We clearly do not agree. What is the next step? Do I prepare for arbitration OR being that we have already agreed on her having braces (medical treatment) I can take her to the one I want and he would still have to pay his part?

It depends on exactly how your order is worded, but likely if you do not agree on even the provider, then you will need to submit the issue to arbitration and the arbitrator will decide which provider to use.

If you choose a provider without his consent, then you run the risk of him claiming he didn’t agree, and if your child support order requires that all uninsured expenses be mutually agreed upon, then he could claim he shouldn’t pay his percentage.

Anna Ayscue

Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest

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