Legal Question in Family Law in Virginia
Ex-wife trying to label child as disabled
Hello, my ex-wife is trying to get our 15 year old labeled as disabled to get social security benefits for him. I think she is trying to claim he is bi-polar. He has had some anger management issues in the past as well as a problem attending school on a regular basis but he always seems to have these problems at home with her never on the weekends spent with me . He lives with my ex and we have joint custody, and i'am afraid if she labels him as disabled mentally that this will impair his abilty to join the armed services (his desire)or to get a good job later in life. Please let me know what i can do. Thanks!
1 Answer from Attorneys
Re: Ex-wife trying to label child as disabled
If you share joint custody of your son with your former wife, then you also share in the right to make major decisions impacting your son's life. Obviously, a decision regarding the appropriate
diagnosis and treatment for any alleged mental health issues which your son may have must also necessarily be included in such rights.
Consequently, you may need to arrange for your own properly certified psychologist or psychiatrist to examine and evaluate your son
for bi-polar complex or other mental health issues.
If the experts cannot agree as to what your son's problems may be and what needs to be done about them (if anything)and therefore his parents
also cannot agree as to how these matters should be handled, then a judge may have to decide.
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