50/50 Custody and school

[snapplegirl69]

 have a question and need to know if anyone else has been through this before.bm agreed to father for having full time custody,and now she is saying she has had him his whole life and she cant stay away from him that long.whatever,she is always asking when is he coming to pick him up..never any love or motherly anything towards this child..this is coming from someone who has given him a hard time about everything the past 3 years.The father was sent a letter by childs doctor stating he is way behind in alot of things and has told mother several times child needs to go into an early intervention program.Well,when he asked her how they were going to work this out with them haveing him every other week and schooling in september,she said he doesnt need to go to school yet,and when he does he is going to one in her town.Now,is the father really wrong to be mad that she just up and decided where child is going to school without asking him since they have joint legal.And he is expected on his week to drive 2 hours just to drop his child off at school then drive back another two hours to pick him up?What happens in a situation like this?

[ocean]

When child becomes school age then (since there is a 2 hour drive) someone will need to get primary custody. If the child need school now, I would get the dr to put it in writing and then go back to court to ask for primary placement so child can start school. Can you get a free consultation with a lawyer in your area? Good luck!

[snapplegirl69]

He mostly needs early intervention.The dr wrote a couple of times on the medical records that he sent notes home with the mother due to excessive speech delay.shes saying he doesnt need school.do you think my df could get custody because she isnt soing whats in the best interest?thanks for the luck

[marnbuk]

I am from Texas but even in a 50/50 it is very specific because someone still has primary domicile rights. That parent gets to establish the childs school. I would enroll him in an early intervention (you dont need her permission)and if she doesnt comply then you can take her back because she is going against medical advice. Yes you can modify if the child is not meeting developmental milestones and there are requests by the physician to enroll the child. Get a second opinion and an evaluation from early education(speech, hearing, cognitive, etc.). Then you will have several sources to back you up and prove you are doing what is in the best interest of the child. It would be hard for her to fight in court. I modified orders based on some similar circumstances. Read your court orders thouroughly and make sure there is nothing about right to enroll the child in school.

[Sunshine1]

Early intervention in our area, the therapist actually comes to your home and works with the child.  Usually once or twice a week.  To me, (from a custody standpoint) this is excellent that she is refusing to get the child Dr. Recommended treatment.

You can enroll him in the program while he is in your care, and they will come to your house based around his schedule at your house.  These therapists also write progress reports and keep an extensive file of the child, and the "cooperating parent".  All the information can only help you and more over, your son is going to benefit from any early programs he is enrolled in.

Good Luck!

[snapplegirl69]

Thanks everyone.I am going to look into it now.No thankfully there is nothing in the court order about enrolling him in something like this