I want to have my son's academic and emotional state evaluated through a psychologist due to focusing concerns at school. Can I do this if ex is refusing to consent?
No. Regrettably, you need to file Motion with the Court and ask for permission to do this since your ex has refused to give his/her consent. Otherwise, if you proceed without your ex’s consent, your ex may file contempt action against you.
My answers here are for general information only and should not be construed to be formal legal advice or the formation of an Attorney-Client relationship. I am not your Attorney. You should always consult with a local Attorney before taking any action based on the general information provided by me on this site. I practice law only in jurisdictions I am properly authorized to do so and do not seek to represent anyone outside the jurisdictions where I have been licensed to practice law. Currently, I am licensed to practice law in the Commonwealth of Massachusetts and the State of New York.
You might have to file a Petition to Modify the custody order while you're seeking the court's permission to have your son evaluated, since it is likely that he will not be willing to take the child to therapy sessions if the psychologist recommends treatment. It might be sensible for you to ask for the right to take the child to therapy sessions if the ex refuses to do so. Otherwise, you'll end up back in court anyhow, since if the school is recommending this course of conduct, it is likely that there will be a need for further medical appointments, checkups, sessions, etc. Best of luck to you.
You should speak to an experienced child custody attorney about the steps you need to take to address this problem. It may be helpful to find out why the other parent does not consent. If this cannot be worked out between the two of you then you would have to file a petition with the court to address this. Most providers will not treat a child without both parent's consent to do so.
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