Legal Question in Family Law in North Carolina

My daughter’s mom agreed for our daughter to have a psychologist eval. The psychologist gave her an adhd inattentive diagnosis using the information I gave her ( forms to fill out and my concerns) her mom is now saying she doesn’t agree with the diagnosis, mind you she did not return the forms to the psychologist or express any concerns she just signed a consent for the psychologist.

I want to see if my daughter can get a 504 plan for accommodations in the classroom. I know we both have to sign for the 504 at the school, but will the school take the psychologist diagnosis even though her mom disagrees with it?

We have 50/50 joint custody she spends 1 week with mom and 1 week with me ( dad) with primary placement with mom. Do I need to get a lawyer if she refusing a 504 plan for our daughter?

Asked on 3/29/19, 4:16 pm

1 Answer from Attorneys

Amanda Houser The Houser Law Firm, P.C.

ADHD is vague and over diagnosed especially if by a mere psychologist as opposed to a psychiatrist and especially if solely from mere questions on a form answered by you. You don't say what grade the child is in but a 504 plan unless absolutely needed (which is quite doubtful based on the information you submitted) would likely do more harm than good. Of course, if your child attends public school in North Carolina, the quality of education is likely incredibly deficient regardless - so it may not make a difference. If you really want to press the issue, instead of a lawyer, you should consider having an actual psychiatrist examine your daughter personally - otherwise mom likely has the right idea. Best of luck.

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Answered on 3/29/19, 4:30 pm

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