Joint Legal Custody before papers are signed What is the name of your state? CA
I filed for divorce Dec.2004 and we both have been doing the ambivilance dance up until this past summer. We have a 6 yr old son. We finally came to terms to go ahead and finalize the divorce. We met with our attorneys this past Aug. 2005 and actually came to agreements and partial settlements. I was adivsed to write up a parenting plan based on the agreements. My stbx has been sitting on the paper work since then. No movement on his part based on his 'busy scheduled work load'. Therefore, no final agreements have been signed.
In the meantime during the course of the summer, it was observed that our son may have a very mild autism disorder. My attorney advised me that while the papers were/are not signed I can and did go ahead to get my son assessed or evaluated without the other parent's consent. I was informed that I had that right as a parent to do what is for the best interest for my son. My stbx is adament about 'labels' so he could be partially in denial of this finding as well as not confident about the evaluation porcess offered by the state or the public school district (IEP). I got him assessed through our health ins. plan and after that did I inform my stbx disclosing all that I had being doing.
My question here is to verify if I do have the right as a parent to proceed with the evaluations. What are the rights of either parent or both before the joint custody papers are signed along with the whole divorce being finally signed as well? I hope I had made this inquiry clear.
Thank you for your time. |