Asked in Family Law and Child Custody for Texas

Q: Custody of child is 50/50, can I have him put on 72 hour hold during my time without biodad being able to pull him out?

I have half custody of my child, everything is split in half including medical decisions. Can I have my child placed in an institution for a 72 hour hold during my time with him without bio-dad having any legal rights to pull him out since it would be during my week with him?My child is Autistic, ODD, ADHD, with Intermentent Explosive Disorder. He is VERY violent at school twords teachers and other studens. I want to have him placed on a 72 hour hold to have him evaluated and hopefully his meds adjusted so they will actually help him while he is in a school environment. Bio-dad straight up refuses though.

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Gratia "Grace" P. Schoemakers
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Answered

A: Your custody / visitation order should tell you who has the rights to make these types of medical decisions, and whether or not the other parents must agree to it.

If you are not sure if your order has this information in it, contact your family law attorney for guidance. If need be, file a petition with the court requesting the medical hold for the child, you will have to prove it is in the child's best interest, but if warranted, this would be a way to get around mandatory consent of the other parent.

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