Murfreesboro, TN asked in Child Custody for Tennessee

Q: Is this contempt of court in an equal custody case?

We both have equal custody. Our son is about to turn 5 but is still delayed with speech and other social aspects. His speech therapist recommends he gets an Autism evaluation that will allow for better treatment. His mother is completely against any evaluation because she does not want him to be “labeled”. She’s claiming that it would be contempt of court if I get him evaluated. Since she is not agreeing with me getting him evaluated, even though I’m only trying to help him. What are your thoughts?

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1 Lawyer Answer
Hannah Burdine
Hannah Burdine
  • Divorce Lawyer
  • Nashville, TN
  • Licensed in Tennessee

A: Hi, It depends on what your parenting plan says. There is a section in all parenting plans in Tennessee that provides how medical/educational decisions are made, whether it's a joint decision, or whether one of you has final say.

If it's a joint decision, and you two cannot agree,then you will have to attend mediation to try and come to a resolution, and if you cannot agree at mediation, then you can go to the court to modify the parenting plan to remove joint decision making authority for medical/educational decisions for the child.

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