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Can fathers make decisions about special education?

When you and your wife get divorced in Indiana, you may wonder how this new situation will affect your child's special education. Most of the time, your custody arrangement determines whether you can still make decisions about special education.

According to, you and your ex-wife are both able to make decisions about your child's special education. If you have joint legal custody, both you and your ex-spouse can see your child's progress reports and be part of the Individual Education Program team. You will usually still be able to look over your child's education plan and learn about meetings in advance. Additionally, you typically retain access to all of this information and can make decisions about your child's special education when you have joint legal custody but not physical custody.

You and your ex-wife may not always agree about your child's special education. In this situation, it is usually best if you can find a way to cooperate. You may want to attend school meetings so your child's education counselors can help you find a plan that satisfies both of you. In some situations, you may also want to consider the dispute resolution services available in Indiana. It is important to find an education plan that suits both you and your ex-wife because your school district may not always require consent to proceed with a special education plan from both of you.

Special education can be more difficult if you have a sole legal custody arrangement. In this situation, you are usually not able to make educational decisions for your child if you do not have custody.

This information is general in nature and should not be used in place of legal advice.

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Robert Schembs
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Indianapolis, IN 46204

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