Dear Attorneys,
My ex and I have joint legal custody. However, she is so difficult to deal with that I hate even asking her anything. I changed my son’s pediatrician and dentist because I’m the one who brings him, and their locations were no longer convenient for me. Now she filed a motion for contempt against me. Am I actually going to be in trouble with the court?
Sincerely,
Changing Charlie
Dear Charlie,
It is always frustrating when co-parents are unable to communicate well. That said, if you have joint legal custody, you do need to consult with each other about major decisions pertaining to your son’s health, education, religion and general upbringing. Both the pediatrician and the dentist fall into that category. If it was a situation where there was an emergency and you had to bring him to a different provider, then you would likely be entitled to make that decision on your own during your parenting time. However, just unilaterally switching providers is usually not in accordance with the concept of joint legal custody.
A person can be found in contempt of a Court Order if there was a willful violation of a clear and unambiguous order. So, if your underlying agreement clearly states that you and your ex have joint legal custody, then all she has to do is prove that you did this willfully. You may be able to counter that with an argument about it being in your son’s best interest, but simply saying the provider is inconvenient will likely not hold up in court. You should consult with an attorney to see what options you have, and, if possibly filing your own motion to modify and explaining the difficulty in communication would help support your argument.
Wolf & Shore Law Group is here to help you make your family law matters easier, not harder. We are realistic and direct with our clients. We encourage potential clients to seek out a firm where they will feel comfortable and confident. Ever argue with a woman? Let Wolf & Shore Law Group go to work for you. Call us at 203.745.3151 or email us at info@wolfandshorelaw.com.
Very Truly Yours,
Wolf & Shore Law Group
*The situations represented in our Dear Attorneys column are entirely fictional and any resemblance to a specific case is unintentional. We cannot, and will not, offer legal advice to anyone who is not a client. However, if you do have questions or concerns, you should contact an attorney at your convenience.
