Legal Question in Family Law in New York

Possible Learning Disabled Child Cannot Get LD Testing b/c Mother (has joint cu

Joint Custody. Child resides with father 5 days/wk yet goes to school in Mother's school district. Mother listed as primary w/the school. Child needs to be tested for LD. Mother won't sign permission papers. What is the father's rights?

If child is LD (father gets him tested outside of the school) how can the father get the child the special education that is rightfully his if the mother won't sign the papers?


Asked on 4/01/04, 11:45 am

1 Answer from Attorneys
Seth Kaufman Seth M. Kaufman

Re: Possible Learning Disabled Child Cannot Get LD Testing b/c Mother (has join

I need more details to properly advise. Assuming the decision-making is truly joint, that is, shared equally among both parents, the father should first correct the school's records. If any test indicates a learning disability and the mother prevents necessary treatment, then the father probably needs to get a court order to obtain the treatment and/or modify custody in some way. Feel free to call me at 212-367-9167 to discuss this in further detail.

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Answered on 4/06/04, 10:39 pm


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