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What should I do if my Ex-Husband has continued to prevent my special needs child from getting treatment recommended by MD?

Fresno, CA |

My ex husband has apposed mental health treatment for my special needs child that has been reccomended by his MD. My son has ADHD and possibly Aspergers of some sort. I have made an appt, notified him of the appt, he stated he does not aggree that our son needs it and refused to mutually agree to our child treatment. I was forced to cancel the appt at the last minute & pay a no-show charge. After finally agreeing to an appt 5mo later & attending the consultation together, he called w/o telling me, to cancel his appt for this week. I received a confirmation call and promptly re-scheduled it. He stated that he has a "right" to cxl the appt if he wants to. After which he called to "Deny Authorization" with the MD office. I feel that he is endangering my son and his well-being. What can I do

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Attorney answers 1


To the extent that you have joint legal custody this dispute may well need to be resolved by the Court. If the Court finds that your ex-husband is acting unreasonably one potential remedy is to grant you sole legal custody, at least with respect to medical decision.

If you already have sole legal custody, inform the care providers of this and proceed without your ex-husband's consent.

To the extent that you feel that you may need additional information or to change any existing custody and visitation orders you should consult with an experienced family law attorney in your community.

Any substantive or procedural information contained in this response is for informational purposes only. The provision of this information does not constitute legal advice nor does it create an attorney-client relationship. To obtain legal advice relevant to your situation you should contact a local family law attorney. The Law Office of Matthew J. Rudy is happy to provide a free one-hour consultation to individuals located in the greater San Francisco Bay Area.

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