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Lawdoctor
Lawdoctor, Lawyer
Category: Legal
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Experience:  22+ years legal practice including corporate, business, criminal, entertainment and litigation
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alabama law: joint legal custody with me having primary physical

Customer Question

alabama law: joint legal custody with me having primary physical custody and control of minor. what if we dont agree on something?
Submitted: 4 years ago.
Category: Legal
Expert:  Lawdoctor replied 4 years ago.
Dear Customer:

Thank you for allowing me to assist you with your question.

The first thing I see is that he may be committing insurance fraud if he is not married to this girlfriend and thus your child would not be eligible for coverage under the girlfriend's policy. This is something you will want to address as soon as possible because you do not want to have to pay for all her medical bills when the insurance company catches this and then you and he would have to pay all the insurance payouts back.

Second, as primary custodian, you have day to day decision making authority. Joint in this instance should mean that in major life decision for her, that both of you participate. When you cannot agree, then you go back to the court for resolution. Since this is expensive and time consuming, it is hoped that parents will act in the best interest of the child since that is what the court will rule anyway.

That being said, if he is acting illegally and you take him back to court, you can ask for attorney's fees and to have full custody with him only having visitation rights. This insurance thing is something you can use to get this going.

I wish you the best.

Thank you again for trusting us with your problem. Good luck and Godspeed.

Have I satisfactorily addressed your concerns? If not, then please feel free to ask for clarification.
If I don’t’ answer immediately, I may be offline. If so, I will answer as soon as I come back. If I am online, I may be assisting someone else and will respond as soon as I can. Thank you for your understanding and patience.

Please remember that we have not created an attorney-client relationship, and that my post is not intended to be specific legal advice. The answers given are limited to the information you have provided in your post. For specific legal advice, please consult with an attorney licensed in your state.

DISCLAIMER: Please understand that the complexities of most legal problems cannot be adequately addressed in this setting, and that I am only licensed to practice law in the states of Florida and Mississippi. Accordingly, you acknowledge (1) that we have not formed an attorney-client relationship, and (2) that my post is general information only and not specific legal advice.

Customer: replied 4 years ago.
They have since gotten married, but what concerns me is that he didnt even discuss anything with me. When issues come up with insurance... bills or whatever, I cant handle it, his wife has to call. I am the only person in her 6 yrs that has ever taken her to the doctor. Doesnt that put control in a third party (his wife) and not one of us? Isnt that breaking the rules?
Expert:  Lawdoctor replied 4 years ago.
yes, it would be. It sounds like you need to go back and have the judge clarify some issues of health care and medical authority. IF she lives with you, how is it that the step mother is taking her to the doctor? You should be the one to take her.

I would file a motion for contempt for him allowing step mom to handle daughter's medical treatment without your consent and then you need to send letters to the doctors that Under HIPAA that she is not a authorized person to authorized treatment.

I wish you the best.

Thank you again for trusting us with your problem. Good luck and Godspeed.

Have I satisfactorily addressed your concerns? If not, then please feel free to ask for clarification.
If I don’t’ answer immediately, I may be offline. If so, I will answer as soon as I come back. If I am online, I may be assisting someone else and will respond as soon as I can. Thank you for your understanding and patience.

Please remember that we have not created an attorney-client relationship, and that my post is not intended to be specific legal advice. The answers given are limited to the information you have provided in your post. For specific legal advice, please consult with an attorney licensed in your state.

DISCLAIMER: Please understand that the complexities of most legal problems cannot be adequately addressed in this setting, and that I am only licensed to practice law in the states of Florida and Mississippi. Accordingly, you acknowledge (1) that we have not formed an attorney-client relationship, and (2) that my post is general information only and not specific legal advice.

Customer: replied 4 years ago.

I am the only one who takes her to the doctor, but since David is ordered to provide insurance and he cancelled his policy and put himself and my daughter under his now wife without my knowledge, is that illegal? Or is it just a judge case by case issue....

Expert:  Lawdoctor replied 4 years ago.
No, the general rule is if he is married to her, he is entitled to get what ever insurance (so long as it provides adequate coverage) so if he could get lower cost coverage under his wife without compromising coverage, he can do it. It would be a judge issue if there is no coverage, and if it did not provide a doctor who was located near you, etc.

I would advise you to save issues for the judge that are big issues (not that this is not big, but the health insurance from his wife's policy is not something the judge wants to have to address). If you take her to the doctor and the insurance is good, then you don't have anything to complain to the judge about on this issue. If the new wife was taking her to the doctor, that is a different situation.

If you go before the judge with a small issue and lose, then your ex will feel he can do anything he wants and the judge will remember that you came to court over a non-issue and thus the next time you go, you may not be given the benefit of the doubt since the last time you 'wasted' the judge's time. Remember I don't know the entire situation, only the few paragraphs you have written here. But one thing is the same in any case like this. Do not let him push your buttons. When you get angry or frustrated it gives him control and that is what he wants. Learn how to respond to circumstances rather than react. When you react, such as get angry because he says something or is rude to you, he is in control, but when you respond to his rudeness with courtesy and ask, " I am sorry, did I say or do something to make you angry and thus rude?" YOU are then in control and once he realizes he cannot 'get to you' he will back off just like all bullies do.

I wish you the very best

Thank you again for trusting us with your problem. Good luck and Godspeed.

Have I satisfactorily addressed your concerns? If not, then please feel free to ask for clarification.
If I don’t’ answer immediately, I may be offline. If so, I will answer as soon as I come back. If I am online, I may be assisting someone else and will respond as soon as I can. Thank you for your understanding and patience.

Please remember that we have not created an attorney-client relationship, and that my post is not intended to be specific legal advice. The answers given are limited to the information you have provided in your post. For specific legal advice, please consult with an attorney licensed in your state.

DISCLAIMER: Please understand that the complexities of most legal problems cannot be adequately addressed in this setting, and that I am only licensed to practice law in the states of Florida and Mississippi. Accordingly, you acknowledge (1) that we have not formed an attorney-client relationship, and (2) that my post is general information only and not specific legal advice.

Lawdoctor, Lawyer
Category: Legal
Satisfied Customers: 1400
Experience: 22+ years legal practice including corporate, business, criminal, entertainment and litigation
Lawdoctor and 5 other Legal Specialists are ready to help you
Expert:  Lawdoctor replied 4 years ago.
One last thing. If there are on going 'little' issues that are just driving you crazy, then start keeping a log of everything, like a diary -- date, time, what , when , where, who and how.... Once you can show a mountain of little things, then the Judge will listen and you will have documentation to back up all of this. It is all about proof --- so document, document, document!!!
Customerbr />

Thank you again for trusting us with your problem. Good luck and Godspeed.

Have I satisfactorily addressed your concerns? If not, then please feel free to ask for clarification.
If I don’t’ answer immediately, I may be offline. If so, I will answer as soon as I come back. If I am online, I may be assisting someone else and will respond as soon as I can. Thank you for your understanding and patience.

Please remember that we have not created an attorney-client relationship, and that my post is not intended to be specific legal advice. The answers given are limited to the information you have provided in your post. For specific legal advice, please consult with an attorney licensed in your state.

DISCLAIMER: Please understand that the complexities of most legal problems cannot be adequately addressed in this setting, and that I am only licensed to practice law in the states of Florida and Mississippi. Accordingly, you acknowledge (1) that we have not formed an attorney-client relationship, and (2) that my post is general information only and not specific legal advice.

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