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My husband and his ex have a 3 yr old son who has some major issues. Can my husband and i take him to a psychologist if we've informed his mother and she doesn't consent to it? She has primary custodial care.

2006-12-06 12:03:32 · 8 answers · asked by chelsking 1 in Pregnancy & Parenting Toddler & Preschooler

((( READ THE QUESTION BEFORE YOU POST, YOU ACTUALLY WROTE MY HUSBAND SHOULD GET BACK TOGETHER WITH HIS EX??)) hOW SMART.

2006-12-06 13:12:31 · update #1

8 answers

It depends on what type of Custody your decree gives you. If you have joint LEGAL custody with mom having physical custody, then I'd say yes, you can take him. If she has full legal AND physical custody, you are gonna have to get her permission first.

Let an attorney give you some advice after looking at the Decree. It will be money well spent to ensure you don't do something you aren't supposed to do. PLus th eval will be money well spent in case there are problems that need to be addressed--especially if they are problems that could be used to get you husband custody.

You can also talk to the mom and tell her why you think he needs the visit and if she disagrees, have your attorney file a Motion for a Psych Eval stating why you think it's necessary. I'm sure the Judge will let it be done. I say this becasue if mom has full leagl custody you don't want it come back on you in a bad way somewhere down the line. Psych Evals are hearsay as far as court testimony goes unless you have the doctor there to testify (if you ever need to use the eval in court). But, if the Court orders it, then he will likely accept the eval over any hearsay objections since he's the one who ordered it in the first place.

The issue here is not really who has physical custody--but it's who has legal custody. Good luck.

2006-12-07 02:00:21 · answer #1 · answered by kathylouisehall 4 · 0 0

First of all, if the boy has some serious issues the school should be getting involve with the child and parents, by law they must
help the child only IF the child shows behavior and learning problems, otherwise my only advice is mention your concerns
to the child's mother. If the father is the legal parent, then yes
he can take his son to a shrink.

please check this website before you do.
www.cchr.org
www.psychcrime.org

2006-12-06 12:20:18 · answer #2 · answered by Sabine 6 · 0 0

It depends on what the law is in your state. You might need to present this before a judge if you feel a strong behavioral problem is in place. If your considering this, the parents of the child along with any other partner should consider counseling. It's not him that has the problem, its what you all are putting in front of him. Get along for the kids sake!!!!

2006-12-06 12:16:53 · answer #3 · answered by hot single mom 4 · 0 0

IF YOUR HUSBAND HAS PRIMARY CUSTODY THEN YOU CAN WITHOUT THE CONSENT OF HIS EX WIFE TAKE THE CHILD TO SEE A PSYCHOLOGIST.

2006-12-06 12:20:39 · answer #4 · answered by GIRLYPENGUIN 2 · 0 0

If she is the custodial parent I don't think so...unless the chid's peditrician has specified it is warrented. You might want to discuss this with your lawyer though.

2006-12-06 15:32:26 · answer #5 · answered by Anonymous · 0 0

Talk to a lawyer but I think that you have to agree or a judge will have you tell why you want him to go and the mom will have a defend why she doesn't want him to go.

2006-12-06 12:11:57 · answer #6 · answered by Anonymous · 0 0

my opinion, yes. if the father has partical custody of the child

2006-12-06 12:07:56 · answer #7 · answered by Oh, its love 1 · 0 0

Yes and just dont tell het about it

2006-12-06 14:00:39 · answer #8 · answered by Melissa H 3 · 0 0

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