How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Ely Your Own Question
Ely
Ely, Counselor at Law
Category: Criminal Law
Satisfied Customers: 101759
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
7286322
Type Your Criminal Law Question Here...
Ely is online now
A new question is answered every 9 seconds

my ex husband is threatening to take me to court, over a discrepancy

This answer was rated:

my ex husband is threatening to take me to court, over a discrepancy regarding my 17 y/o daughter. she is learning disabled & has chronic medical problems. I feel that he has been making poor parenting choices for her, as of recently. He would like to take her out of state for a weekend. I do not like the idea of where he is taking her....to theme park, on rides that would /could be dangerous at this time for her. also, when it is his turn to drive her any place, he has been putting her in a car with a heroin addict driving. this person works for him was arrested recently. my son & I asked him NOT to let this person drive her because we were aware of rumors at the time. we have shared custody & I have never forbidden them from going places together. With my daughter's last hospitalization, last month, her father refused to go to hospital because he was too busy & didn't think that it was necessary. She was admitted to the pediatric unit. now he is suggesting to her that she could live with him. she is so confused. I know that he loves her & she loves him, but I feel that he is making poor choices & I so I exhibit a bit more control, since I am the primary care giver & trying to do what is in her best interest!
Hello friend. My name is XXXXX XXXXX welcome to JustAnswer. Please note: (1) this is general information only, not legal advice, and, (2) there may be a slight delay between your follow ups and my replies.

I am very sorry for your situation. Can you please tell me:

1) Who is the managing (primary) custodian?
2) Is he filing to become the primary/managing custodian? Or has he already?
3) What exactly are you asking here?

This is not an answer, but an Information Request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.
Customer: replied 3 years ago.


I am the primary custodian. I do not know if he has contacted a lawyer yet, but I am struggling with bilsl & cannot really afford an attorney. I am asking what rights I have as her primary custodian to make decisions based on her well being & safety/

Thank you, L.

The answer lies in your decree, so do check it. If you do not have a copy, please tell me what county the matter was heard in and I can help you find the contact information to obtain it.

Normally, the decree will have either one of the following:

A) The primary custodian will have the right to make medical/educational decisions for the child and the visiting custodian can be informed about them; or
2) The medical/education decisions have to be unanimous and both parties have to agree to it.

Now, there may be nuances of course, and it can be one way for medical and another for education, or vice versa, etc. But point is that the answer lies within the decree.

It is most common that the primary custodian gets to make the decisions themselves, without the other's vote.

Until/unless the Court states otherwise, the decree is to be followed. So if the decree allows you the decision-making authority, you may wish to exercise it. If needed, you can carry a copy of the decree with you and present it to show the authority to overrule his decisions and make yours.

I hope this helps and clarifies. Good luck.

Gentle Reminder: Please use the REPLY button to keep chatting, or RATE my answer when we are finished. Kindly rate my answer as one of the top three faces and then submit, as this is how I get credit for my time with you. Rating my answer the bottom two faces does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith. (You may always ask follow ups at no charge after rating.)
Ely and other Criminal Law Specialists are ready to help you