Rocko
journeyman
Reged: 10/10/06
Posts: 94
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I only have joint legal custody of my two children. I have been having some behavioral problems with my 5 year old son. His pediatrician recommended I take him to a therapist. His mother says he is fine and said she will not let me take him to any doctor. Can I take him during my visitation time? Do I need to inform her of this? Thanks.
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beetlebug
member
Reged: 12/18/07
Posts: 114
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Depends on how specific your CO is regarding medical care and major decisions...
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Maury
Carpal \'Tunnel
Reged: 06/02/04
Posts: 8146
Loc: This Asylum --->
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If you share legal custody, the answer is "no." You would have to mediate a resolution to the dispute or seek a court order allowing the therapeutic consultation.
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Rocko
journeyman
Reged: 10/10/06
Posts: 94
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Thanks. Here is what my CO says.
Joint legal custody-both parties shall share the right and responsibility to make decisions relating to the health, education and welfare of their children.
Each parent shall have acess to medical and shcool records...and be permitted to independently consult with any and all professionals involved with the children.
Each parent shall be empowered to obtain emergency health care without consent of the other parent. Each parent shall notify the other parent as soon as possible of any illness requiring medical attention.
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Cinder2
Carpal \'Tunnel
Reged: 06/02/05
Posts: 4361
Loc: Southern California
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Quote:
Both parties shall share the right and responsibility to make decisions relating to the health, education and welfare of their children.
There's your answer. Both you and mom must agree.
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BeckaLeigh
Carpal \'Tunnel
Reged: 06/08/05
Posts: 6875
Loc: Texas
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In our first (temp) order, we had joint legal but he wasnt allowed to take the kids to any dr unless it was an emergency. I would think it would be outlined pretty clearly in your court order. My husband has joint legal, but he is not allowed to take his son to the dr unless it is an emergency.
However, I am assuming you took him to his pedi since that is who mentioned therapy? Did mom freak about that?
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I tried being normal once. Worst five minutes of my life.
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Rocko
journeyman
Reged: 10/10/06
Posts: 94
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Quote:
Quote:
Both parties shall share the right and responsibility to make decisions relating to the health, education and welfare of their children.
There's your answer. Both you and mom must agree.
I don't see how that says we must agree.
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Rocko
journeyman
Reged: 10/10/06
Posts: 94
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Quote:
In our first (temp) order, we had joint legal but he wasnt allowed to take the kids to any dr unless it was an emergency. I would think it would be outlined pretty clearly in your court order. My husband has joint legal, but he is not allowed to take his son to the dr unless it is an emergency.
However, I am assuming you took him to his pedi since that is who mentioned therapy? Did mom freak about that?
I called and spoke with the pediatrician.
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BeckaLeigh
Carpal \'Tunnel
Reged: 06/08/05
Posts: 6875
Loc: Texas
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Ah. Does it have it in your order that only mom can take him for anything other than emergencies? If you are NCP, I would think you have a court order. And medical issues should be addressed in it. If not, I'd think you could take him.
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I tried being normal once. Worst five minutes of my life.
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Rocko
journeyman
Reged: 10/10/06
Posts: 94
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It doesn't state anything other than what I posted above. I read around and in CA, unless the CO specifically says only the mother or father can seek medical help, either party in which they share joint legal custody can seek medical care without consent from the other parent.
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