What to do if your Co-Parent disagrees

|August 11, 2023 | education law, IEP

What if you believe your child needs help and the other parent disagrees?

We are often asked about what to do when you want to have your child evaluated for special education services at school or privately, and the other parent disagrees. What are you allowed to do?

According to the Individuals with Disabilities Education Act, only one parent is required to sign any paperwork at school for an evaluation request. In the family law arena, on the other hand, it depends on your custody Order.

Educational decisions are often considered major decisions that require both parents to agree if the parents share legal custody. So, if you and your co-parent share legal custody and you want to request an evaluation for your child from the school and the other parent disagrees, you will need an Order from the Court permitting you to request an evaluation without the other parent’s permission.

If you would like further guidance with this, please call our office at (717) 221-8303.

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