Ask a Divorce Lawyer: Can my ex violate the decree and move our son out of state if it’s for medical treatment?

Question: My ex wife is considering putting our child in a long-term residential treatment center in Utah for drug usage. The decree states only specific counties the child can reside in (a place in Utah is not one of them). 

Can she move him to drug treatment center out of state and against our decree without the approval from the court?

Also, would I be required to pay 50% of uninsured expenses if is not medically related?

 

Answer:

First let me state that Cordell & Cordell, P.C. has attorneys located in Texas that would be willing to discus your case with you. 

Generally, if a Court restricts the Counties in which a child may reside then if a party wishes to move outside the restrictions of the Court, then they would need to ask the Court to modify its Order to allow the child to reside outside the county. 

However, seeking medical attention may or may not be considered residing in Utah. With regard to the payment of the expenses for the treatment, the language of the decree or your settlement agreement will determine who should pay what percentage of the costs.

 

Jason Bowman is an attorney in the Louisville, Kentucky office of Cordell & Cordell, P.C. He is licensed in the states of Kentucky and Texas. He received his Bachelor of Science in Business from the University of Louisville, and received his Juris Doctor from Texas Wesleyan University.

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