Question:
Despite the fact that I have joint legal custody, my ex-wife continues to take our child without my consent to medical specialists for unnecessary treatments that I am then responsible for reimbursement of the bills.
I have documented my protests via e-mail so it is in writing that she is violating the terms of the divorce decree, but the e-mails are ignored.
How do I enforce the decree and force her to include me on medical decisions for which I must pay?
Answer:
I am unable to give you legal advice on divorce. I can give general divorce help for men, though, my knowledge is based on Minnesota divorce laws where I am licensed to practice.
It depends a great deal on what your decree provides. Where I practice, most divorce decrees require that you enter into mediation when a dispute arises around child custody. However, you cannot use these clauses unless you make clear a dispute exists.
Here, you have placed in writing via e-mail your disagreement. Perhaps the next step is to tell her you disagree and that you need to go to mediation to discuss your disagreement about the utilization of specialists.
If she refuses, you could then bring a motion asking the court to resolve the dispute. You would ask the court to require you to consult and agree on medical decisions for your child before they are made.
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In my experience, most people do not take letters or e-mails from unrepresented parties very seriously. I also feel for a dispute such as this the court will not take you seriously unless you are represented by an attorney.
Remember, I am unable to provide you with anything more than divorce tips for men, so please consult with a divorce lawyer in your jurisdiction.
To arrange an initial consultation to discuss divorce rights for men with a Cordell & Cordell attorney, including Minnesota Divorce Lawyer Andrew J. Laufers, contact Cordell & Cordell.