Thursday, February 17, 2011

WHAT SHOULD I DO IF I WASN'T ADVISED OF MY CHILD'S IEP MEETING?

The following is a question which the inquirer agreed may be publicly revealed, and my answer to the question:

QUESTION: What should I do if I was not notified of a meeting as mandated by my child custody order? My ex husband and I share legal custody and shared physical custody. It is his responsibility to inform me when medical or educational decisions are being made for our four minor children. An IEP (individual educational plan) meeting was scheduled and attended by my ex husband; however, I was not informed of this meeting until my son just told me, after the meeting had taken place without me. What action can I take against the county and my ex husband?

ANSWER: The particular wording of the Legal Custody Order is important to consider, in the light of your husband's failure to advise you of the IEP meeting. If that Order required your and your husband's joint participation in educational decisions, it would appear that he violated that Order. If that Order required him to inform you in advance regarding educational options, it would appear that he violated that Order. If the Order merely required him to inform you when educational decisions are made, that order may possibly be too vague and general to be enforced.

You should consult with and retain an experienced Divorce Attorney to represent your interests in seeking a modification of the Legal Custody Order to make it more specific and/or to seek remedies for your husband's violation of the Legal Custody Order.

You should also contact your child/childrens' IEP personnel, provide them a copy of the Legal Custody Order, and request/insist that they provide you advance notice of and the right to participate in any and all IEP meetings.

This blog was brought to you by Los Angeles Divorce Attorney Donald F. Conviser, a Certified Family Law Specialist.

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