I have joint custody of my 8 year old disabled child. I am the custodial parent. I want to place the child in a skilled nursing facility. Can her father prevent this as her non-custodial parent?
Answer
You really need to address this issue with an attorney. There are too many questions for this forum. First, how disabled is this child? Secondly, as a non-custodial parent - this would be cosidered a major decisions that should be agreed by both parties. However, if the disability is severe, you can get a court order to allow this but there will be necessary documentation for this.
Answer
Yes, both parties must agree to a decision like this one jointly. If the nursing facility is medically necessary, however, and neither parent can raise the child, a judge would likely order it if the parents disagreed. Realize, though, that the minute a parent says, "I'm putting our child in a facility," the other parent will probably say, "No, I'll take our child," and a judge will probably agree. If the second parent refuses to take the child, a judge will probably say, "Fine, the child needs to be in a facility."
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