Both parents have legal custody 50/50, but child resides with mom. Father and school teachers recommend child have Psychology or Psychiatry services. Mother disagrees and does not want Father to move forward. Legally in the state of California, can one parent still proceed to move forward to authorize or consent for treatment of their 11yr old son?
1 Answer from Attorneys
More information concerning the terms of the order is required to give a complete answer to the question. With that being said, the parents in a joint custody circumstance are to work together on making health, education and welfare decisions for the benefit of the child. If they cannot agree on important issues, then the next step would be to return to court on a motion.
In light of the courts COVID-19 restrictions, each jurisdiction is developing new local rules that are complex and time sensitive on litigants access to the courts. Please meet with an experienced family law attorney to discuss your legal options and the prospects of seeking court orders.