Right to make medical Descisions

[dragonfangs]

DH is NCP, 12 yo is possibly going to need surgery on her sinuses.  (Mostly due to mom's failure to have it treated) She has had an infection for almost 1 year. We had cat scan done in December and asked Mom to have her seen by a specialist. This was not done, needless to say she came out sick again for the summer.

Kids are her for summer visit.  We informed bm of appointment with Specialist, meds precribed and the posibility of surgery if meds do not work.  Mom said nothing to us, but sent letter to doc saying she will not allow surgery.

Decree reads.
Paragraph 1
The care, custody, and control of the minor children of the parties be and the same hereby is granted to the plantif(mom), suobject to the right of reasonable visitation in the Defendant (Dad)as provided by the standard visitation order, (attached exibit A)

Paragraph 3 says, supplemental order for custody is attached hereto and incorporated herein by this reference as appendix A

Appendix A says:
The provisons relating to custody, alimony, support, visitation and conduct of the parties are subject to the following terms and conditions.

1. Care and supervision
..... A.physical needs of the Children-The party who has custody of the children OR the party who is excercising visitation with the children will provide the children"
............d. with appropriate medical examinations and treatments.

I take this to imply that DH (NCP) not only CAN take the child for sinuses and surgery if doctor recommended. BUT SHOULD be doing it.

obviously we would prefer to agree but the child is suffering mainly because it is dad saying to do it and bm hates dad.

Questions:

1. Is are inturpretation reasonable?  

[socrateaser]

>1. Is are inturpretation reasonable?  

If you have a physician who believes that it is "medically necessary to operate on the child's sinuses in order to remedy a condition that is harming the child", then you have authority under the existing orders to proceed in the absence of the other parent's consent.

Get the doctor to agree to the above-quoted statedment, and you will be ok. Send letter to the other parent, stating, that you will permit her 5 business days to direct you to a physician for a second opinion to be paid for at her sole expense, and if he does not agree with the present doctor's suggested course of action, that you will both find a third doctor, and that you will go with 2 out of 3 opinions.

Otherwise, if you don't have the appointment from her within 5 days, that you will schedule the surgery.

[dragonfangs]

.

[dragonfangs]

DH is NCP, 12 yo is possibly going to need surgery on her sinuses.  (Mostly due to mom's failure to have it treated) She has had an infection for almost 1 year. We had cat scan done in December and asked Mom to have her seen by a specialist. This was not done, needless to say she came out sick again for the summer.

Kids are her for summer visit.  We informed bm of appointment with Specialist, meds precribed and the posibility of surgery if meds do not work.  Mom said nothing to us, but sent letter to doc saying she will not allow surgery.

Decree reads.
Paragraph 1
The care, custody, and control of the minor children of the parties be and the same hereby is granted to the plantif(mom), suobject to the right of reasonable visitation in the Defendant (Dad)as provided by the standard visitation order, (attached exibit A)

Paragraph 3 says, supplemental order for custody is attached hereto and incorporated herein by this reference as appendix A

Appendix A says:
The provisons relating to custody, alimony, support, visitation and conduct of the parties are subject to the following terms and conditions.

1. Care and supervision
..... A.physical needs of the Children-The party who has custody of the children OR the party who is excercising visitation with the children will provide the children"
............d. with appropriate medical examinations and treatments.

I take this to imply that DH (NCP) not only CAN take the child for sinuses and surgery if doctor recommended. BUT SHOULD be doing it.

obviously we would prefer to agree but the child is suffering mainly because it is dad saying to do it and bm hates dad.

Questions:

1. Is are inturpretation reasonable?  

[socrateaser]

>1. Is are inturpretation reasonable?  

If you have a physician who believes that it is "medically necessary to operate on the child's sinuses in order to remedy a condition that is harming the child", then you have authority under the existing orders to proceed in the absence of the other parent's consent.

Get the doctor to agree to the above-quoted statedment, and you will be ok. Send letter to the other parent, stating, that you will permit her 5 business days to direct you to a physician for a second opinion to be paid for at her sole expense, and if he does not agree with the present doctor's suggested course of action, that you will both find a third doctor, and that you will go with 2 out of 3 opinions.

Otherwise, if you don't have the appointment from her within 5 days, that you will schedule the surgery.

[dragonfangs]

.