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What kind of rights does NCP have in ortho office?

anna's picture

My husband didn't consent for my SD to get the start of her braces put on. Long story short, this is the third ortho she's taken her to because the other orthos say she isn't ready. She's just 9 and has a tongue thrust issue and a "slight" underbite. Although BM acts like she's snaggletooth! She had her get this, I call it torture device, on that looks like three paperclips with the ends pulled out exposed except curled back towards her tongue on the roof of her mouth! And BM kept saying she had "headaches" back in may and that's why she needed braces and this is all that's on her now! Good thing she got this thing to stop the headaches!(sarcasm) I wanted to know if my husband wrote this ortho a letter and stated he didn't consent for this (which is true) and we have refused to pay and that's why she's threatening court again, and told this ortho to stop all treatment and to take off all appliances or he will be dragged into court this time and if he doesn't stop we will sue him after this case. Can we as NCP do this? I want my SD to have a good thanksgiving without this thing in her mouth that's hard for her to chew and talk with (I wish there was a way to download pictures)And my husband is against them extracting all her baby teeth (she's only lost 5 so far) and some of her permanent teeth, if they see fit! I think that's ridiculous! I just wanted to know what all of you thought us NCP's could do and what sort of backlash could happen from her lawyer?
thanks!

wildlife's picture

I think it depends on what it says in their divorce agreement. There is typically one parent who is given final say on medical and religious decisions. Technically they are BOTH supposed to make decisions but the custodial parent usually has the final say.

Maybe your DH would have better luck if he "talks" to this ortho and asks for more information about exactly what is he doing to his daughter. Sounds awful.

anna's picture

And he did talk to this ortho and the other two. This one stated on the phone that he is doing it because BM is willing to bring her up there. In his letter he sent us he states braces aren't an emergency! So talking is done. I just wanted to try and put him in the middle of a mess and hope he would give up so my SD could get that thing off that isn't helping her correct her teeth just making her tongue bleed! I don't understand how an NCP doesn't have any rights in the medical decisions!

losingmymind's picture

I don't know what your DH's divorce decree says but most of them still state "joint custody" with the mother having the "residential". This means that with him being the Bio Father that he has just as much right to a 50/50 decision on anything major in regards to the child.
We had this happen in a way to us and won. Our case was contacts but same thing...not really needed and/or appropriate for the age but did it anyway and we did not have to pay.
Did the doctor explain how he can make a decision just based on the mother bringing her there? I would bet that if your husband writes a letter and sends it to him stating that he does not agree to the proceedures to HIS child and that he wants to know why a decision would be make to repair teeth that are going to fall out anyway. (worded better of course) and I wouldn't be afraid to cc: your attorney if you have one so that he knows how serious you are.

everythinghappens4areason's picture

has joint custody but the children reside with the mother and visit eow. We have learned that joint custody (which is supposed to mean any decision making with dental, medical, schools, extra curricular, etc.,) are to be jointly made between them. However, we have discoved that this means absolutely nothing when it comes to anyone, except if you get a decent judge and he can put something specific in the order and then for example, the doctors caring for the child HAVE to abide by the court ruling, if not, you will have grounds to sue them etc.