questions & answers

Question: My ex husband and I have joint custody of our 2 year old son. Our son is showing some sensory and possible speech problems. I invited AZIEP out to do an initial sreening and invited him as well. He thinks it's stupid and doesn't want him to be evaluated and would not give consent for an OT evaluation the screener suggested and I gave consent. He also says he won't give consent for any kind of preschool. Professionals are seeing problems and are suggesting evaluations. Can I still get him evaluated without his consent? If not what is my recourse to help my son get what he needs?

Answer: The first thing you need to do is get your divorce decree and custody agreement out and read it carefully.  Today, child custody is referred to as "legal decision making and parenting time."  If your papers require you to agree on medical and counseling decisions, then you will need to ask the court to modify its order.  The same holds true if your ex-husband is the one with the right to make such decisions.  Arizona Revised Statute, Section 25-403 governs legal decision making for the child.  Section 25-411 governs the modification of legal decision making and parenting time.  You would need to file a motion for modification in family court.  If you are comfortable doing this on your own, go to www.azcourts.gov, select the county where you reside.  That will direct you to your county's website.  There you will find a self-help center.  Click on the self-help center and find the section for family law.  There you will find the appropriate forms.  There are 3 programs in Arizona that you can use to get some inexpensive legal advice and guidance.  One is the Modest Means Program.  For a $75.00 fee, the Modest Means Program will arrange a one hour consult with an experienced attorney.  The telephone number is (866) 637-5341. Both the Maricopa County Bar Association and the Pima County Bar Association have lawyer referral services that offer a 30 minute consult with an experienced attorney.  Maricopa County's Lawyer Referral Service offers a 30 minute consultation for a fee of $40.00. The telephone number is (602) 257-4434.  Pima County's Lawyer Referral Service offers a 30 minute consultation for a fee of $35.00.  The telephone number is (520) 623-4625.