QUESTION

Who can legally sigh a child's IEP when parents are divorced, separated, or never married?

Asked on Oct 15th, 2014 on Family Law - California
More details to this question:
I am unsure about which parent (mother or father) has the legal rights to sign the child's IEP. Both parents disagree about continued special education services for the child. Father wants the services to be stopped, and mother wants the services to continue. Which parent is allowed to make this decision? (Parents are not legally married)
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1 ANSWER

Family Law Attorney serving Suisun City, CA at Law Offices of Russo & Prince
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Absent a court order directing otherwise, both parents have an equal right to make custodial decisions regarding the child.  This could potentially place the school in a difficult position, but ultimately they are empowered to go forward with services upon the approval of only one parent with legal custody.  Assuming you are one of these parents, you should go to court and seek a court order concerning both the issue of legal custody and specifically how future IEP's will be handled.  The child deserves to have his parents work cooperatively to resolve his educational issues.  Moreover, there are ramifications to denying child special education services that the objecting parent may not realize.  Be sure to do some research on these issues before making a final decision.   Best of luck. 
Answered on Oct 15th, 2014 at 12:15 PM

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