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Taking son to Doctor?

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Ohio_mom

Member
What is the name of your state (only U.S. law)? oHIo

I have a child that was diagnosed with the mildest form of the mildest form of autism called ppd-nos 4 years ago and his Dr stated he may grow out of it by the age of 6-7. He is 6 1/2 now I believe he has "caught up" with his peers at school. I do not have legal custody of him.
I have asked my X if I should set up an appt. for him to be tested again. (I make all of the eye/ear/dental/and reg Dr appts) My X stated he did not want me to do so.
Our previous appt for all of the testing was supposed to be covered by some state funded program for autism. It was not and his father and I ended up paying quite a bit of out of pocket expenses.
I did state to my X that whatever the co-pays were and out of pocket were I would pay more than the % of the medical bill than I was ordered to pay in the divorce decree. He still said NO.
Things have changed he is in contempt has not paid me the $ he owes me on the property settlement in 6 mos, he is out of work, has let the medical insurance lapse on our son and can not qualify for medicaid, so I did qualify and get medicaid for our children. Question...Am I allowed to schedule an appt for the Dr..the autism specialist that takes medicaid and take our son to see him on one of my visitation days??
Thank you
 


ecmst12

Senior Member
If you do not have any legal custody, which is unusual and you must have messed up pretty bad for that to be ordered, then you have no right to make any decisions at all regarding the child, including taking him to the doctor.
 

Ohio_mom

Member
If you do not have any legal custody, which is unusual and you must have messed up pretty bad for that to be ordered, then you have no right to make any decisions at all regarding the child, including taking him to the doctor.
yes as a matter as a fact I did mess up rather badly!!! I'm a recovering alcoholic!! so now that that is established**************..was that your opinion or a legal answer to OHIO law??
 

ecmst12

Senior Member
Your ex has sole legal custody. That means he is the ONLY person allowed to make decisions about whether to take him to the doctor (among other things). If child has a medical emergency (life or death) while in your care, you could take him to the ER, but beyond that, you have no right to have any say regarding medical treatment, education, religion, or other major life decisions.

If you don't like this, your choice is to go back to court to get joint legal custody granted. I don't know how likely this is, I don't know how long it's been since ex was granted sole custody or how long you have been in recovery or how well you can prove you are now fit to be a joint custodian.
 

stealth2

Under the Radar Member
This is really no different than your post from several months ago, asking if you could take the boy to therapy. You were told in that thread that, if you had no legal custody, you could not.

At this point, your ex makes any and all decisions for the boy. Period. End of story.
 

janM

Member
Things have changed he is in contempt has not paid me the $ he owes me on the property settlement in 6 mos, he is out of work, has let the medical insurance lapse on our son and can not qualify for medicaid, so I did qualify and get medicaid for our children.
If you are NCP and don't have legal custody, how did you manage that? I'm in Ohio and I don't believe that's possible if the kids don't live with you.
 

Ohiogal

Queen Bee
yes as a matter as a fact I did mess up rather badly!!! I'm a recovering alcoholic!! so now that that is established**************..was that your opinion or a legal answer to OHIO law??
Legal answer is YOU HAVE NO LEGAL RIGHTS TO MAKE THE APPOINTMENT. You do NOT have legal custody.
 

Ohiogal

Queen Bee
If you are NCP and don't have legal custody, how did you manage that? I'm in Ohio and I don't believe that's possible if the kids don't live with you.
She committed welfare fraud. Unless she has joint residential custody she cannot get medicaid without committing fraud.
 

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