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Ely
Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 101956
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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Ely, What is my legal requirement to inform my estranged

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Ely,

What is my legal requirement to inform my estranged about a lab draw on the children? This is not a doctors appointment (she was informed about that but chose not to participate) just a lab draw @ Quest. I am asking basically if I must inform her or can I just take them to get the draw that the Dr. ordered?
Hello friend,

Thank you for requesting me. Can you please remind me if there are currently temporary orders between the two of you in regards XXXXX XXXXX or not?
P,

I had just noticed that yes, there are temporary orders, from our previous conversation.

Understand that there are two issues here - NOTIFICATION and EXECUTION.

In the temporary orders, there will normally be a clause that will mandate that medical procedure decisions either (1) be made by the managing conservator (primary custodian) with the other parent simply being notified, or (2) both parents have to agree. In either case, notification is standard for even the least intrusive procedures.

So even if this is simply a blood draw and not a major procedure, you are expected to notify the other parent, as they would be you if the roles were reversed. The Tex. Fam. Code is somewhat ambivalent on the issue, but the Judges have cast a wide net for notifications in Texas when it comes to anything even remotely medical (even if it has to do with going to the nurse at school for a stomach ache, for example).

I am asking basically if I must inform her or can I just take them to get the draw that the Dr. ordered?

The practical answer here would be to notify the other parent, yes. So we have solved the NOTIFICATION issue. But do you need the other parent's permission (i.e. the EXECUTION issue)? This depends on the court's temporary orders - take a look to see what it states (yes, I would call this a medical procedure). If it states that only SHE can make the medical decisions, then she has to agree to it. If it states that you can without the need to have her agree, then there is no need for her consensus. So the answer is in the details, so to speak, of the temporary order.
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