Child Custody

questions & answers

Question: My ex-wife and I have joint physical and legal custody of our two children. I carry their health insurance, by court order. My ex-wife has issues with our son at home, which we do not experience in our home. He has anger and agression issues, and is now acting out at school. She took him to a therpist who recommened he be medicated, and she wants him medicated as well. I do not support this, but she said I do not have a say in the situation. She will not provide me with the name of the doctor or drug. Can I file something with the court to keep my son from taking the medicine?

Answer:

The following is provided for general information only. To find out how the law applies to a specific situation, contact an attorney directly. Whether a parent is entitled to information about a child's mental or physical health will  generally depend on whether the parenting agreement, or another relevant document issued by the court, states that the parent is not entitled to it. Under ARS 25-403.06, “[u]nless otherwise provided by court order or law, on reasonable request both parents are entitled to have equal access to documents and other information concerning the child's education and physical, mental, moral and emotional health including medical, school, police, court and other records directly from the custodian of the records or from the other parent.” The provision also contains the penalties associated with violating this law.

QUESTIONS

  • My ex-wife and I have joint physical and legal custody of our two children. I carry their health insurance, by court order. My ex-wife has issues with our son at home, which we do not experience in our home. He has anger and agression issues, and is now acting out at school. She took him to a therpist who recommened he be medicated, and she wants him medicated as well. I do not support this, but she said I do not have a say in the situation. She will not provide me with the name of the doctor or drug. Can I file something with the court to keep my son from taking the medicine?

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