What todo if my child, of whom I have full custody, was taken to the hospital by her father withoutmy consent and now I’m being sued for the bill?
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What todo if my child, of whom I have full custody, was taken to the hospital by her father withoutmy consent and now I’m being sued for the bill?
She was taken without my knowledge or my agreement for treatment.
Asked on January 13, 2011 under Bankruptcy Law, Ohio
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
It is difficult to give any guidance in this matter without reading your divorce agreement and the custody agreement. But generally speaking if your child was in the care of her Father and she got ill, he had a duty to take her for medical care as he saw fit in the situation. Was it an emergency? Then no one can fault him for taking her to the hospital. Does he have no rights to make decisions as to her health and well being? This may be something that you need to discuss with an attorney in your area. As for the bill, are you covered by insurance? Was it submitted to insurance first? You need to check on that. Good luck.
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