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Do I have grounds to file for sole decision making authority?

Orlando, FL |

My child is 7 years old. His father and I have a shared parenting agreement. However, his father is very contentious regarding ANY major decision. For example, my son has had 4 major convulsive seizures. After the last one the pediatrician referred us to a pediatric neurologist for EEG testing. His dad had a problem with this and demanded that we go get a second medical opinion. He also decided to give my son a "strobe light test"- making him stare into a strobe light to determine if his seizures were "real". Now we are in a battle over getting him tested for dyslexia. My child's teacher suggested this test (she has a degree in exceptional child education), but his father is of course arguing and threatening to remove my son from his school. Do I have a case here?

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Attorney answers 4


It sounds like you have good reason to at least ask to be the only person to make medical decisions. But you are probably going to have to call the doctor and the teacher or some other experts to help yo make your case, which is not easy, so I strongly urge you to retain an attorney for this matter. The whole "strobe light test" thing is quite disturbing and I am concerned that it might have been dangerous for your child.

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Do you have an attorney? You need to get one in order to get anything done in a matter like this. All we can say is that it sounds like someone should be appointed by the court to make medical decisions when the parties cannot share in those decisions. He is probably thinking the same thing.

R. Jason de Groot, Esq. We do not have an attorney-client relationship. I am not your lawyer. The statements I make do not constitute legal advice. Any statements made by me are based upon the limited facts you have presented, and under the premise that you will consult with a local attorney. This is not an attempt to solicit business. This disclaimer is in addition to any disclaimers that this website has made. I am only licensed in Florida.


Both previous attorneys have provided you with valuable information. I am concerned about Dad conducting his own strobe light test to invoke a seizure. You will need the assistance of a seasoned family law attorney to help protect your child.


You should consider filing for a modification if you can show that shared parental responsibility is detrimental to your son. It seems you ahve some basis for this. You should consider getting an attorney to help you because the strong public policy and statute favors shared decision making.