• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Sole legal custody vs. joint legal custody

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

flyby004

Junior Member
What is the name of your state? Mo.

I was divorced in 1992. My daughter is almost 19. I was the custodial parent until 2003 when she moved in with ex. My daugher was a very healthy child and medical expenses were never an issue.

In Jan. 2004 my ex sent me a bill for payment of an enormous amount of medical expenses, giving me 10 days to pay. This was the first I learned my daughter saw 12 different drs. in 12 months. She had surgery with general anesthesia. She had 19 months of birth control in 12 months time. I refused to pay for failure to notify me of her medical issue and not allowing me to participate in medical decision making.

Needless to say the ex filed contempt for failure to pay. I filed contempt for above reasons. The judge ruled I pay my 50% of all expenses. He also stated that my ex "could of and should of informed me in a timely matter". The judge then stated "Failure to notify the other parent of such important events could in the future be a basis for a modification from joint legal custody to sole legal custody".

Guess what, I just got a letter from ex for 2004 med expenses. Twice as much as last year. She also had another surgery under general anesthesia.

What would this mean if I was to try to fight for sole legal custody when my daughter is almost 19. She is a freshman in college and not emacipated. As I see it, If I have to be legally responsible for her, I should have the right to participate in her med. & edu. decisions. I WANT TO PARTICIPATE!!
 


Phnx02

Member
flyby004 said:
What is the name of your state? Mo.

I was divorced in 1992. My daughter is almost 19. I was the custodial parent until 2003 when she moved in with ex. My daugher was a very healthy child and medical expenses were never an issue.

In Jan. 2004 my ex sent me a bill for payment of an enormous amount of medical expenses, giving me 10 days to pay. This was the first I learned my daughter saw 12 different drs. in 12 months. She had surgery with general anesthesia. She had 19 months of birth control in 12 months time. I refused to pay for failure to notify me of her medical issue and not allowing me to participate in medical decision making.

Needless to say the ex filed contempt for failure to pay. I filed contempt for above reasons. The judge ruled I pay my 50% of all expenses. He also stated that my ex "could of and should of informed me in a timely matter". The judge then stated "Failure to notify the other parent of such important events could in the future be a basis for a modification from joint legal custody to sole legal custody".

Guess what, I just got a letter from ex for 2004 med expenses. Twice as much as last year. She also had another surgery under general anesthesia.

What would this mean if I was to try to fight for sole legal custody when my daughter is almost 19. She is a freshman in college and not emacipated. As I see it, If I have to be legally responsible for her, I should have the right to participate in her med. & edu. decisions. I WANT TO PARTICIPATE!!
Since your daughter is almost 19, why don't you ask her directly about her medical needs. Do you see or talk to her regularly? If so, how could any of this.....especially something as important as a surgery, not ever been mentioned? Try talking to her.

Fighting for custody of an 18 year old may not be worth the time or money involved. She will be a legal adult soon as she turns 19.
 

flyby004

Junior Member
sole legal custody vs. joint legal custody

I have not seen my daughter since she moved in with father. She did not leave on bad terms. I have tried to call her but I only get an answer machine. I have left messages asking why she won't talk to me, I get no reply. My ex is very controlling. He was physically abusive while we were married. The physical abuse stopped 14 years ago when we divorced. It just now carries on in a different form.

I don't know why my daughter has not allowed me to participate in her life now. I know she is greatly encouraged and rewarded for this behavior. I hear she got diamond earrings and necklace for moving in with him. She also received a 2001 Ford Explorer.
 

sirxamiel

Member
flyby004 said:
What is the name of your state? Mo.

I was divorced in 1992. My daughter is almost 19. I was the custodial parent until 2003 when she moved in with ex. My daugher was a very healthy child and medical expenses were never an issue.

In Jan. 2004 my ex sent me a bill for payment of an enormous amount of medical expenses, giving me 10 days to pay. This was the first I learned my daughter saw 12 different drs. in 12 months. She had surgery with general anesthesia. She had 19 months of birth control in 12 months time. I refused to pay for failure to notify me of her medical issue and not allowing me to participate in medical decision making.

Needless to say the ex filed contempt for failure to pay. I filed contempt for above reasons. The judge ruled I pay my 50% of all expenses. He also stated that my ex "could of and should of informed me in a timely matter". The judge then stated "Failure to notify the other parent of such important events could in the future be a basis for a modification from joint legal custody to sole legal custody".

Guess what, I just got a letter from ex for 2004 med expenses. Twice as much as last year. She also had another surgery under general anesthesia.

What would this mean if I was to try to fight for sole legal custody when my daughter is almost 19. She is a freshman in college and not emacipated. As I see it, If I have to be legally responsible for her, I should have the right to participate in her med. & edu. decisions. I WANT TO PARTICIPATE!!
Ummmmmm...........(scratch head) (thinks really hard) (scratches head again) ..........I, uh, ummmmm, dont think you can file for custody of a 19 year old. I mean, she is an adult at age 18. I think that issue would have to be resolved between you and the daughter.
 

LdiJ

Senior Member
I am confused about this. The child has graduated high school and I don't think that MO has automatic provisions for post-secondary child support. I think you need to file to terminate child support.
 

BL

Senior Member
http://www.ncsea.org/international/intl_visitors/laws/age_termination.php3

MO age of emancipation .

You might be able to get Sole Custody , meaning the child will live with you .

If it applies ,Maybe if you file for it based on the mother's contempt your daughter might start communicating with you again .

In my case I didn't have contact with my children because their mother had
absconded and hid them years earlier .When I finally found their whereabouts and filed Petitions in Court , the children started calling . Not pleasant at first as she had soured them against me , but today we have some sort of relationships with the words I love you involved .

Just a thought .
 
Last edited:

casa

Senior Member
flyby004 said:
What is the name of your state? Mo.

I was divorced in 1992. My daughter is almost 19. I was the custodial parent until 2003 when she moved in with ex. My daugher was a very healthy child and medical expenses were never an issue.

In Jan. 2004 my ex sent me a bill for payment of an enormous amount of medical expenses, giving me 10 days to pay. This was the first I learned my daughter saw 12 different drs. in 12 months. She had surgery with general anesthesia. She had 19 months of birth control in 12 months time. I refused to pay for failure to notify me of her medical issue and not allowing me to participate in medical decision making.

Needless to say the ex filed contempt for failure to pay. I filed contempt for above reasons. The judge ruled I pay my 50% of all expenses. He also stated that my ex "could of and should of informed me in a timely matter". The judge then stated "Failure to notify the other parent of such important events could in the future be a basis for a modification from joint legal custody to sole legal custody".

Guess what, I just got a letter from ex for 2004 med expenses. Twice as much as last year. She also had another surgery under general anesthesia.

What would this mean if I was to try to fight for sole legal custody when my daughter is almost 19. She is a freshman in college and not emacipated. As I see it, If I have to be legally responsible for her, I should have the right to participate in her med. & edu. decisions. I WANT TO PARTICIPATE!!
As her parent, you have the Right to her medical records. When you go over the bills you had to pay- contact the providers and ask for copies of her records. Keep in contact with her school and Dr.s and then you'll know what's going on. However, her being on birth control pills shouldn't be a bad thing- at least she's trying to be responsible.

Since the judge warned her at the last hearing about failure to notify you in a timely manner or it could be the basis of custody modification~ File for modification and order a copy of the transcripts to have handy where the judge stated such.

Your child support sounds like one which extends past age 18 for those attending college, which she is.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top