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Old 05-26-2000, 04:39 PM
kjl@walker.com
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My stepsons' require significant psychiatric treatment that their custodial mother has not supported in the past. We will have to file for legal and physical custody (currently joint) to provide them treatment, and feel a pyschiatric evaluation of the situation will be necessary to accomplish the change of custody. What is the process for requesting/receiving this kind of evaluation. I assume the judge has to order the evaluation otherwise their mother could refuse to cooperate. Any advice or information would be appreciated. We don't want a court battle, but feel there is no other choice in order to assure the boy's receive treatment. We reside in California.
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Old 05-26-2000, 05:00 PM
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From my understanding... Since he has joint custody, that gives him the right to seek medical attention for the child(ren) on his own. Why would you need to have a judge agree to an evaluation? I suggest taking the child(ren) to a qualified Dr. when they are *in your care* and get the evaluation done and use the results in court. If I am wrong someone please say something...but your husband has every right to seek medical treatment for his kids without the mothers "approval" or "permission". That is if he has joint custody, and there are no stipulations in the papers regarding such treatment. Good luck!!
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Old 05-26-2000, 05:49 PM
PapaSmurf
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My opinion only, but I believe MSM is correct, in that the dad should get the eval, if you and he are concerned. To need permission prior to the eval, when you know mom is un-cooperative is doing the kids a dis-service. When mom takes you court, on complaint of not getting her 'permission' the defense need only be that it was for the 'best interest of the children, you saw a problem and took action'. After the evaluation, tell her, so that she remains 'informed'.
 



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