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jaxpink

Member
What is the name of your state? Lone Star State (Texas)

This morning Dad called the DR today to check on the Dr appt for his two daughters. He got the DR (pulmonoligist) on the line and she told him that when Mom was called yesterday to be reminded about the gilrs Appt. she said she had no clue and cancelled it.
As dad spole with the Dr she said she needed to see the girls Immediatley and if Dad could go pick up the girls and being them in.
Legally can the DR telling Dad she needed to see the kids be ok for him to go pick them up whether mom says no or yes to bring them into the DR?
I am not sure if mom has said yes or no yet. The girls are in daycare but of course Dad does not know which one.
Of course if mom says Yes there shouldnt be a problem but if she refuses to take them to the DR or to let dad what is to be done?
 


CJane

Senior Member
Legally can the DR telling Dad she needed to see the kids be ok for him to go pick them up whether mom says no or yes to bring them into the DR?
No. Why would dad be allowed to violate the court order on Dr's orders?

What Dad needs to do, if this is really an issue, is call CPS and make a claim of medical neglect.

Someone is going to have to stop playing games eventually.
 

jaxpink

Member
No. Why would dad be allowed to violate the court order on Dr's orders?

What Dad needs to do, if this is really an issue, is call CPS and make a claim of medical neglect.

Someone is going to have to stop playing games eventually.

Well mom is refusing. Just found out. Dad is owed 12 hours make up time so dad asked for 4 of that to take them to the DR. Mom is still refusing.

By the way CPS could care less.. trust me. Im my thread yesterday this was addressed. It is being requested a new case worker look into this. Dad is explaining to the Dr no meds are be given to Dad for treatments.

What Dr orders would be violated in the court order??? Can you help me understand this. Dads court order says both parents can attend.
 

CJane

Senior Member
Well mom is refusing. Just found out. Dad is owed 12 hours make up time so dad asked for 4 of that to take them to the DR. Mom is still refusing.
Who says Dad is owed make up time? Is it ORDERED?

By the way CPS could care less.. trust me. Im my thread yesterday this was addressed. It is being requested a new case worker look into this. Dad is explaining to the Dr no meds are be given to Dad for treatments.
CPS could care less about Dad calling because he doesn't like Mom's Mom. That's piddly ass drama that NO ONE cares about.

But if a DOCTOR is stating that the children MUST be seen and Mom is REFUSING THEM TREATMENT then that is neglect.

But whatever. Guess it's not gonna be Dad that stops playing games.

What Dr orders would be violated in the court order??? Can you help me understand this. Dads court order says both parents can attend.
Does it say that Dad can interfere w/Mom's parenting time in order to go get the kids and take them to the doctor?

No? Then he cannot violate the court order because it's convenient for HIM to take the kids TODAY. How would he feel about Mom interfering with HIS time in order to take them somewhere?
 

jaxpink

Member
Who says Dad is owed make up time? Is it ORDERED?



CPS could care less about Dad calling because he doesn't like Mom's Mom. That's piddly ass drama that NO ONE cares about.

But if a DOCTOR is stating that the children MUST be seen and Mom is REFUSING THEM TREATMENT then that is neglect.

But whatever. Guess it's not gonna be Dad that stops playing games.



Does it say that Dad can interfere w/Mom's parenting time in order to go get the kids and take them to the doctor?

No? Then he cannot violate the court order because it's convenient for HIM to take the kids TODAY. How would he feel about Mom interfering with HIS time in order to take them somewhere?
Dad was going to take off work to take them, not mom she didnt even go to school today.
Yes Dad is owed that was agreed by their attorneys.
Cps was notified not only of Mom mothers violence but also neglect for medication.
Thanks answering my questions.
Also Dad called only once out of several times CPS was notified. Dad isnt playing games. He had to notify somebody or how would it be recorded.
If the girls needed anything on his time or hers who cares. He isnt concerned with his time being interfered so long as its Needed like a DR appt or the ER.

Anyways thanks. So im assuming Dad cannot go get girls so any reason whether medically or not because thats HER time. Ok settled. thanks
 

jaxpink

Member
Ok looks like Dad and Moms order is not in effect til Jan. Odd enough!
Was told he can get a note from Dr saying she needs to see them. Then DAD can drive to the judges office and talk to the secretary to see about getting an order to let Dad Pick up girls for the appt today.
Then he needs to file an emergency hearing for temp custody.
Does this sound at all normal?
Just checking to see. Thats what I was told. Thanks
 

CJane

Senior Member
Ok looks like Dad and Moms order is not in effect til Jan. Odd enough!
Why?

Was told he can get a note from Dr saying she needs to see them. Then DAD can drive to the judges office and talk to the secretary to see about getting an order to let Dad Pick up girls for the appt today.
If their order isn't in effect, then he doesn't have joint custody and therefore no right to seek medical care for the child/ren.

Then he needs to file an emergency hearing for temp custody.
Why? It's VERY unlikely, with an order pending that a temp order would be granted. Obviously he wasn't successful in proving Mom unfit last time.

Does this sound at all normal?
Just checking to see. Thats what I was told. Thanks
No, it sounds like chasing his tail.

Also, what EXACTLY is this appointment for? Are the kids in DANGER if they don't go today and go next week instead?
 

jaxpink

Member
Why?

[qutoe]Was told he can get a note from Dr saying she needs to see them. Then DAD can drive to the judges office and talk to the secretary to see about getting an order to let Dad Pick up girls for the appt today.
If their order isn't in effect, then he doesn't have joint custody and therefore no right to seek medical care for the child/ren.



Why? It's VERY unlikely, with an order pending that a temp order would be granted. Obviously he wasn't successful in proving Mom unfit last time.



No, it sounds like chasing his tail.[/QUOTE]


THEY HAVE NEVER BEEN TO COURT- There is a temp order her atty handwrote they signed all two pages. The other temp order for Joint legal and physical is supposed to not be in effect until jan after the handwrittin order for visitation.
But if they signed the legal aspect such as medical should still apply.... hmmmm
 

jaxpink

Member
Why?



If their order isn't in effect, then he doesn't have joint custody and therefore no right to seek medical care for the child/ren.



Why? It's VERY unlikely, with an order pending that a temp order would be granted. Obviously he wasn't successful in proving Mom unfit last time.



No, it sounds like chasing his tail.

Also, what EXACTLY is this appointment for? Are the kids in DANGER if they don't go today and go next week instead?

The appoinment is with a pulmonoligist for their lungs they are severly under-developed and are asthmatic. What the appt was for i am not tooo sure. Something about Lung X-rays
 

CJane

Senior Member
THEY HAVE NEVER BEEN TO COURT- There is a temp order her atty handwrote they signed all two pages. The other temp order for Joint legal and physical is supposed to not be in effect until jan after the handwrittin order for visitation.
But if they signed the legal aspect such as medical should still apply.... hmmmm
THEY signed? Did a JUDGE sign?
 

jaxpink

Member
THEY signed? Did a JUDGE sign?
Yes when you sign an agreed order you just give it to a judge and they sign. So thats what happened. Dad atty said Mom was willing to give him more time, but he didnt think that would be allowed by a judge !! Hello.
Anyways Dad or his att didnt see it til after and The order asks for supervised visits at a resturant. Bad Idea! But It shoulda been read. It also aks that Dads Wife not pick up or drop the children. They didnt see that til after. Dad got screwed really. Dad fired that atty. He only had his liscense two years. Dad would have been his Guinea Pig
So mom and Dad signed this two page order that asked for JMC and a visitation plan that ends Jan 15th. But where they go after that was still up in the air.
So dad hired a new atty and Moms atty sent over a temp order that was a real temp order. Asking after the visitation he was doing he get Standard and it was Joint Legal too.
Anyways why its starts then is odd b/c the Joint Legal should apply Now. Not if it helps but owell.

So in Jan when they are due back to court Dad doesnt want to agree to anymore stuff. He wants to have a judge decide custody.
 

Isis1

Senior Member
you could taker her to court for neglect, but it would be hard to prove. who made the Dr appointment? if you did, did you give her sufficient notice an appointment was made? is the medical issue life threatening? was the mother given an option of when the best time would be for her to take the children? is the doctor willing to write a letter stating she MUST see the children THAT day. maybe have her assistant call the mother and let her know how important this appontment is and when can she reschedule as soon as possible?

nothing made me more mad when non-emgergency appointments were made during my visitation time. and even then i was told AFTER i arrived for my pick up time.

unless this is life-threatening, there is no reason to break the court order. you have to justify it to the judge as an ac tual emergency.

i am not an attorney. this was just my own experience.
 

jaxpink

Member
you could taker her to court for neglect, but it would be hard to prove. who made the Dr appointment? if you did, did you give her sufficient notice an appointment was made? is the medical issue life threatening? was the mother given an option of when the best time would be for her to take the children? is the doctor willing to write a letter stating she MUST see the children THAT day. maybe have her assistant call the mother and let her know how important this appontment is and when can she reschedule as soon as possible?

nothing made me more mad when non-emgergency appointments were made during my visitation time. and even then i was told AFTER i arrived for my pick up time.

unless this is life-threatening, there is no reason to break the court order. you have to justify it to the judge as an ac tual emergency.

i am not an attorney. this was just my own experience.
MOM told Dad last month the appt was on the 6th at 1200. dad called they said yes the 6th at 1030 not 12. Dad showed up and they said no Next month. december.
Dad didnt make this appt. It had to be Mom or the PCP. But mom knew last month b/c she only tell Dad the last name of the Dr so Dad had to research it and get a number.


You have to see that Mom would not allow Dad to see hids Kids for a Year and 12 days. Until he and her got into court she would say nothing do nothing.
 

Isis1

Senior Member
still...as a non-attorney..i see no emergency. can he reschedule an appointment on his own visitation time?:cool:
 

jaxpink

Member
Right now dad only gets the girls on sat. so the Dr appt are always weekdays, but again dad has not make one and expected Mom to go nor should he consider it
 
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