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Is joint legal custody for real?

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daddenied

Member
What is the name of your state? CA

I know many of you have helped me throughout my horrible ordeal, but what does joint legal custody really mean? I explained a little of this in my last thread, but wanted to explain it further here. My ex-wife told me of an orthodontist appointment that 3 of our children had scheduled for Aug. 15th. She informed me 2 weeks prior and gave me the orthodontist information to contact him myself for info on our children. I initially wrote the ortho on Aug. 1st introducing myself as their father who lived out of the area, but shared joint legal custody of our children. I also asked that after the initial appts on Aug. 15th I be sent a breakdown of what services were needed and what costs he would be charging. I further explained my financial situation letting him know that I would be attempting to work with my ex-wife in searching out at least 2 other providers to check our children out and also give us different qoutes to help us in the decision making. I never received a reply to my faxed letter, my emailed letter nor the hard copy that went out on the 1st of the month. :( The only reason I knew that the ortho office received that Aug. 1st letter was that my ex sent me one of her hostile emails telling me that she knew I wrote the ortho office and I would be getting a breakdown of the charges for all services for the 3 children, which totalled almost $15000.00 together and insurance only covering $3000 of that I believe in addition to about a $1600.00 insurance adjustment. After hearing from my ex who instructed me to send in a check to this ortho for $1009 (almost 90% of my net monthly disposable income), I wrote her about us looking at other providers for a possibly more cost-efficient provider, reminder her that our order states ”share in the right and responsibility to make decisions in matters that relate to the health, education and welfare of the children” and also that we “shall consult and cooperate with each other on substantial matters related to health, education…and welfare of the children”. This is her reply:

Please be advised per your own request that a 2nd set of orthodontic consultations has been set up for (child 1, child 2 and child 3). Child 1 and Child 2 will have their appointments on (date) and Child 3 will have 2 appointments on (date). I will release the second orthdontist's contact information and estimates to you after all the appointments have been completed. You should not expect any further orthodontic information from me until Friday, August 26th at the earliest.

You have forced me to do this in an effort to prevent you from annoying and inconveniencing the providers long before they've even seen the children. Please note it is never wise to continually harass and harangue the professionals that are available to treat your sons' emotional and health issues. Continuously barraging the providers with your incessant, long-winded and often contradictory demands, emails, faxes and flurry of letters when no correspondence is required is highly inappropriate and most certainly excessive.

The only time medical and dental billing should become an issue to you is if you've been billed a co-pay. To date, all required co-pays have been paid entirely by ME. You have not had ANY out-of-pocket medical or dental expenses.


I want to explain that I did not respond to this email as I thought I would re-read it to make sure I understood what she was saying. First of all, SHE refused to give me any information except for the dates of their appointments, then when I asked for more detailed information she said to contact the provider myself, which I did on Aug. 1st as I mentioned above. The 2nd letter to the doctor was faxed to them this morning, emailed as well and a hard copy mailed out to them. Her whole crap about me annoying, inconveniencing, and harrassing the ortho is outrageous! Aren't I entitled to the information I asked for? I think it bothered me even more that the ortho office did not acknowledge my first letter, but told me ex about it, then again did not acknowledge today's email and faxed letter, yet told her of it too...at least that is what I get from her ignorant email.

Can she do this? I didn't ask her to find another ortho...I asked her to work with me and that we should get 2 other qoutes and choose a provider whose charges will be feasible to the both of us. Her response gives me no indication that she is willing to talk to me and work together in coming up with a plan to have our children's dental work taken care of. (i.e. I thought if we narrowed it down to a provider, we could start services for our oldest child, and after a year or 2, start on the 2nd one in line, then after a year or 2 start on the 3rd child.) This way, the oldest child will have his work done before he is out of high school, and the same will happen for the 2nd and the 3rd child, will also have the same thing happen too and we would not have to be hit so hard with these expenses for all 3 children at the same time. It's funny, because when I proposed a dentistry (i.e. Loma Linda a place before we divorced we agreed would be where the children got ortho services done due to their reasonable prices) she was appalled and said she was not going to get second hand treatment for our children due to lack of finances on MY part. :) I don't know what the difference was when SHE suggested a dentistry school where the costs would be much less.

Anyhow, again this is long as usual to give enough detail. I am frustrated that I feel there is nothing I can do about this since she is refusing to consult and discuss large issues such as this with me. Has a CA court ever really held a CP responsible for the actions in a case such as this. In my contempt motion, which is done, but I haven't been able to get anyone to drive it to Fresno for me, or a company up there to file it too, I wanted to add this as one of the contempt issues and possibly ask the judge to not allow her to make these huge financial obligation decisions on her own, which is against the current court order. Please tell me if I will be wasting my time. I have neglected so many other of my life's responsibilities including work, church and school since this whole ugliness started. Please help me understand if joint legal custody really means that. :confused:
 


casa

Senior Member
daddenied said:
What is the name of your state? CA

I know many of you have helped me throughout my horrible ordeal, but what does joint legal custody really mean? I explained a little of this in my last thread, but wanted to explain it further here. My ex-wife told me of an orthodontist appointment that 3 of our children had scheduled for Aug. 15th. She informed me 2 weeks prior and gave me the orthodontist information to contact him myself for info on our children. I initially wrote the ortho on Aug. 1st introducing myself as their father who lived out of the area, but shared joint legal custody of our children. I also asked that after the initial appts on Aug. 15th I be sent a breakdown of what services were needed and what costs he would be charging. I further explained my financial situation letting him know that I would be attempting to work with my ex-wife in searching out at least 2 other providers to check our children out and also give us different qoutes to help us in the decision making. I never received a reply to my faxed letter, my emailed letter nor the hard copy that went out on the 1st of the month. :( The only reason I knew that the ortho office received that Aug. 1st letter was that my ex sent me one of her hostile emails telling me that she knew I wrote the ortho office and I would be getting a breakdown of the charges for all services for the 3 children, which totalled almost $15000.00 together and insurance only covering $3000 of that I believe in addition to about a $1600.00 insurance adjustment. After hearing from my ex who instructed me to send in a check to this ortho for $1009 (almost 90% of my net monthly disposable income), I wrote her about us looking at other providers for a possibly more cost-efficient provider, reminder her that our order states ”share in the right and responsibility to make decisions in matters that relate to the health, education and welfare of the children” and also that we “shall consult and cooperate with each other on substantial matters related to health, education…and welfare of the children”. This is her reply:

Please be advised per your own request that a 2nd set of orthodontic consultations has been set up for (child 1, child 2 and child 3). Child 1 and Child 2 will have their appointments on (date) and Child 3 will have 2 appointments on (date). I will release the second orthdontist's contact information and estimates to you after all the appointments have been completed. You should not expect any further orthodontic information from me until Friday, August 26th at the earliest.

You have forced me to do this in an effort to prevent you from annoying and inconveniencing the providers long before they've even seen the children. Please note it is never wise to continually harass and harangue the professionals that are available to treat your sons' emotional and health issues. Continuously barraging the providers with your incessant, long-winded and often contradictory demands, emails, faxes and flurry of letters when no correspondence is required is highly inappropriate and most certainly excessive.

The only time medical and dental billing should become an issue to you is if you've been billed a co-pay. To date, all required co-pays have been paid entirely by ME. You have not had ANY out-of-pocket medical or dental expenses.


I want to explain that I did not respond to this email as I thought I would re-read it to make sure I understood what she was saying. First of all, SHE refused to give me any information except for the dates of their appointments, then when I asked for more detailed information she said to contact the provider myself, which I did on Aug. 1st as I mentioned above. The 2nd letter to the doctor was faxed to them this morning, emailed as well and a hard copy mailed out to them. Her whole crap about me annoying, inconveniencing, and harrassing the ortho is outrageous! Aren't I entitled to the information I asked for? I think it bothered me even more that the ortho office did not acknowledge my first letter, but told me ex about it, then again did not acknowledge today's email and faxed letter, yet told her of it too...at least that is what I get from her ignorant email.

Can she do this? I didn't ask her to find another ortho...I asked her to work with me and that we should get 2 other qoutes and choose a provider whose charges will be feasible to the both of us. Her response gives me no indication that she is willing to talk to me and work together in coming up with a plan to have our children's dental work taken care of. (i.e. I thought if we narrowed it down to a provider, we could start services for our oldest child, and after a year or 2, start on the 2nd one in line, then after a year or 2 start on the 3rd child.) This way, the oldest child will have his work done before he is out of high school, and the same will happen for the 2nd and the 3rd child, will also have the same thing happen too and we would not have to be hit so hard with these expenses for all 3 children at the same time. It's funny, because when I proposed a dentistry (i.e. Loma Linda a place before we divorced we agreed would be where the children got ortho services done due to their reasonable prices) she was appalled and said she was not going to get second hand treatment for our children due to lack of finances on MY part. :) I don't know what the difference was when SHE suggested a dentistry school where the costs would be much less.

Anyhow, again this is long as usual to give enough detail. I am frustrated that I feel there is nothing I can do about this since she is refusing to consult and discuss large issues such as this with me. Has a CA court ever really held a CP responsible for the actions in a case such as this. In my contempt motion, which is done, but I haven't been able to get anyone to drive it to Fresno for me, or a company up there to file it too, I wanted to add this as one of the contempt issues and possibly ask the judge to not allow her to make these huge financial obligation decisions on her own, which is against the current court order. Please tell me if I will be wasting my time. I have neglected so many other of my life's responsibilities including work, church and school since this whole ugliness started. Please help me understand if joint legal custody really means that. :confused:

Joint legal means...exactly what it means in the Family Law Code - HOWEVEVER, your X is either: A ) Inconsiderate (doesn't give a d#mn..) or B ) Is ignorant of the law and thinks she rules the world....or C) Knows CA is overburdended, thus these trivial things aren't going to see the light of day in the courtroom.

:mad:

Save your energy for the BIG fights. ie; custody/visitation.

Sorry, but the few thousand $ this fight will make a difference in...won't be 'the' determining factor of much. :cool:

Listen, I know this woman is trying to aggravate you any way she can- I've followed your story- but this is way too simplistic for CA courts to hash out. Your kids need ortho. and she is taking them to ortho- suck it up and save your energy for the REALLY obnoxious BS she is dishing out. - ie; denying visitation! ;)

Sorry, but that is the short story :eek:
 
Last edited:

NotSoNew

Senior Member
also i want to add that i dont really think its common practice to take kids in for a ortho visit and get an estimate on their services (anyone can correct me if I am wrong) its not like getting your car fixed. I mean you could call and ask them the average price of their services way before the kids ever go there. You know what I mean? But I think a busy ortho prolly just doesnt have the time or staff to write out a reply to your email and it prolly isnt all that common that they get such a request, so they called the mom to find out what this was all about. Mom prolly said OMG just ignore it or something along those lines.

But she says she isnt asking you to pay any out of pocket copays so I am confused on what the issue is.
 
If you do in fact have joint legal custody you should have access to the kids medical records.
When you send your mail, send it with a return receipt for proof of delivery to both the doctor and to your ex.
The language and demeanor of your letters may have something to do with the level of cooperation you get... make sure you are being as professional as possible.
Be light on the demands and courteously request the info.
 
It sounds as if she has paid copays in the past, but this ortho bill is way over the insurance coverage limit so he is being hit up for a portion of the costs not covered.
 

stealth2

Under the Radar Member
Dunno - my kids' orthodontist provided us with a treatment and price schedule a few weeks after the initial evaluation.
 
P

psfunkytek

Guest
Ortho Estimates....

OP, I'd like to throw something out for you. I think the BEST place to get an idea on what Ortho would/should cost is to call your insurance and ask them about Reasonable and Customary (RC) or Usual and Customary (UC) charges for Ortho services. You might also talk to the benefits administrator or HR representative of the company where your children have dental insurance. Do that if you feel you need additional information, but also realize that time is money and it's entirely possible that spending time trying to save a few dollars out of thousands just isn't worth the extra effort. I frequently pay for things without getting a second estimate because the indirect expense of baby sitters, gas, procrastination or delay in getting other things done just isn't worth the money that I stand to save by doing so. Everytime I spend 2-3 hours on something, I calculate out just how much money that would cost me if I was being paid the same hourly rate at my "regular" job.

But I do agree with the first poster, going to court over something like this will seem petty to the judicial officers and they WILL wonder why the two of you can't work this out on your own. Worse, you will likely spend 5x any money that you would have saved by going to a different orthodontists in attorney fees and time off work. If you live out of the area, is it appears you do, you can add travel costs to that as well.
 

daddenied

Member
dynomight77 said:
But she says she isnt asking you to pay any out of pocket copays so I am confused on what the issue is.
I hate saying it, but my ex is pretty shady (at least she has become this way )…the reason there has never been any co-pays was our children have NEVER been to a doctor the entire time they have lived away from me (29 months). I know this because her medical insurance is only on her and mine covers them completely. According to her own emails and correspondence from their “regular” doctor, he has never seen them. The reason they have a regular physician is that I must name a primary physician for my insurance company. They went to the dentist for the first time 24 months earlier this year and we both have coverage for the children…NO copays were necessary because hers paid, then mine covered the balance. This is per the dentist office ledger I received plus I also spoke to my insurance company and confirmed. So, when the ex says I have not had to pay any co-pays, SHE too has never had any resulting from our children’s visits. She is not so gracious to EVER have that happen. According to the order, if she takes them in for any medical services, co-pays and prescriptions must be sent to me no later than 30 days from date of service or date of explanation of benefits or date prescription paid for. If I do not receive them within the time frame, she is responsible for them fully. I also must pay for them within 30 days of receiving them. As far as major expenses, she is ordered to consult with me and discuss with me any services and/or charges, including searching out at least 3 separate providers and comparing quotes of costs from each. This is so we can make arrangement with the provider prior to any major work done. This was on our original decree and on our most recent order.

I don’t know if you’ve seen my previous posts, but this is the same lady who took our oldest child and had him see a therapist from 2003-2004 without my knowledge or consent. When I found out in June 2005 and questioned her, she said get the info from the therapist, giving me the therapist’s information. She also told me that I should feel lucky that she never billed me $450 (what would’ve been my ½ for 22 sessions with the therapist) plus all 22 co-pays. I don’t believe a word of this, because she also went on to tell me that the reason she did not use HER insurance coverage (in 2003 we were on good terms and she was telling me how grateful she was that I had medical coverage for our children, because she only covered herself due to the premiums being too high) was that they told her that our son’s condition was pre-existing. ??? Yeah, I was lost there too. I don’t know what to believe from this woman!
 

daddenied

Member
mightymoose_22 said:
Be light on the demands and courteously request the info.
I have been VERY courteous to them. As a professional I try to be real conscious about how I come across. I’m just frustrated because the ortho office has ignored my requests. ????
 

CJane

Senior Member
daddenied said:
the reason there has never been any co-pays was our children have NEVER been to a doctor the entire time they have lived away from me (29 months).
Is there any reason they SHOULD have been? Some kids are just never sick. With the exception of vaccinations, my 5 year old has only been to the doctor twice, once when she was 1 and the other just this past spring. My 8yo has been a few more times than that in the same time span, but only maybe 5 total visits in 5 years. I don't think going 29 months without a Dr visit is out of the realm of possibility.
 

LdiJ

Senior Member
daddenied said:
I have been VERY courteous to them. As a professional I try to be real conscious about how I come across. I’m just frustrated because the ortho office has ignored my requests. ????
Their first appointment (according to your post) was August 15th. Today is August 17th. I don't think that you can actually state yet that the orthodontist has ignored your request.

It also probably wasn't wise to state up front that you intended to get quotes from 2 more orthodontists....that tends to put their back's up. It might even cause them to refuse to treat your children. They may decide that you are too much trouble.

It would probably have been better to wait until AFTER the kids had their appointment to request information.
 

daddenied

Member
CJane said:
Is there any reason they SHOULD have been? Some kids are just never sick. With the exception of vaccinations, my 5 year old has only been to the doctor twice, once when she was 1 and the other just this past spring. My 8yo has been a few more times than that in the same time span, but only maybe 5 total visits in 5 years. I don't think going 29 months without a Dr visit is out of the realm of possibility.
I apologize as it seems the point was missed. I’m grateful they haven’t gone, but someone asked “But she says she isnt asking you to pay any out of pocket copays so I am confused on what the issue is.:” and I just explained all that, because the ex hasn’t done any extra favors as her email implies regarding HER paying all the past copays, etc..
 

daddenied

Member
LdiJ said:
It would probably have been better to wait until AFTER the kids had their appointment to request information.
You're right. I will wait to see if something comes in the mail. My ex's email she sent immediately after the appointments said that the dentist office would send me a breakdown of all charges. I won't fuss with a motion...I don't have the time or money. Like all of you had said, it's too trivial to waste the courts time. I can do nothing about it currently and unfortunately I wish I did have the $1009 to put down right now as my ex is directing me to do for the two oldest kids and another $504.50 to put down for our third child next week, but I don't. :( I'm hoping that whatever the case, whoever the ortho will be is willing to work out something with me. Otherwise, if my ex isn't able to come up with all the money, we may have to have one child treated at a time. Thanks everybody!
 

rmet4nzkx

Senior Member
She either doesn't know what joint legal means or she thinks that if she insists it is otherwise long enough you will cave in. She is paying copays, so as to avoid giving you access to the children's medical records. Your children are in sports, they require yearly physicals, she had to get them somewhere. If she had not put her address down for yours, you wouldn't be asking these questions. Don't push it in court right now, wait until after the USPS mail fraud is investigated, then push it. Your children's teeth didn't suddenly require ortho work, surely there is something in their records prior to your divorce, but you will have a better idea once you get the estimate? You are going to need to talk with her at some point.

Please try to keep to one thread with updates, it is easier to fiollow, I missed this one all day.

Have you tried calling legal services in Fresno yellow pages to see if they can file for you?
 
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