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Old 02-16-10, 09:43 AM
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Can a 16 yrs.old request for his own evaluation against the parents wishes?

I am facing a delimma regarding my son who is 16 yrs. old. He is exhibiting a lot of ADD/ADHD symptoms that I can relate to when I was his age.

Now the problem is his father has the custody.He doesn't believed about ADD/ADHD.My son talked to him twice already. The school won't perform an evaluation unless the custodial parent requested it.

My question is .Can my son request his own evaluation without or against his father's wishes? We lived in NH & I consulted a lawyer last week & he said that there is no reason why he can't.

I hate going to Court. Any parents can give me advice? I appreciate any input.
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Old 02-16-10, 10:14 AM
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Re: Can a 16 yrs.old request for his own evaluation against the parents wishes?

I don't know about the law, but there are a number of self-scoring tests available on the web. Have him start with those and bring the results to his father.

You might also have your son show his father this website and see what kind of damage can be done to a child who is left untreated as he goes forward in life.

Here are some quotes and a video from Dr. Russell A. Barkley a respected researcher in the field.

----------------------------------------------------------------------------
"People with ADHD are not stupid . . . the problem is with implementing what they know -- they can't DO what they know at critical points in the environment that we call "the point of performance."

"Using medication for ADHD is tantamount to insulin to a diabetic. it is literally a form of genetic treatment at the level of nerve cells in the brain. You're not 'paperingover' everything. You're not masking the problem. You're not failing to deal with some hidden psycho-dynamic or intra-familial conflict. None of those are pertinent. You literally are treating the disorder at its source. And that is an important take-home message for many families.

"It's not an attention deficit disorder but an intention deficit disorder (inattention to mental events & the future)" "Temporal Neglect Syndrome"

-Dr Russel A. Barkley
----------------------------------------------------------------------------



Hope this helps

BTW I'm not sure why your ex-husband is against a screening test, but it is likely to be a) mistrust of doctors and pharmaceutical companies, b) not wanting to admit that his son has a disorder (which he may also have BTW), c) fear of addiction to or abuse of stimulants.

if it's A, he needs to be better informed. If it's B then maybe he should look over a self scoring test, and if its C, he should be made aware that there are non-stimulant alternatives and non-abusable re-formulations of classic stimulants.

Also he should be made aware (through gentle education) that stimulants have a paradoxically calming effect on ADHD people, quite unlike what they do to normal kids.

Best of luck with all of this.

But be a little patient. Forcing the issue is likely to galvanize resistance and hopefully your son can wait it out for a little while as your ex becomes better informed.
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Old 02-16-10, 01:02 PM
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Re: Can a 16 yrs.old request for his own evaluation against the parents wishes?

Hey ADXP,

In some states, children as young as 13 can keep their medical records away from parents. I don't always agree with these types of laws, but if you have laws like this in your state, you and your son could definitely use them to help him get a diagnosis and treatment.

Let us know how things go.
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Old 02-17-10, 08:33 AM
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Re: Can a 16 yrs.old request for his own evaluation against the parents wishes?

In NY the school is bound by the family court order. If the order is specific about who can make medical decisions you are bound by that. If the order is silent then it can be either parent unless there is a true sole custody order. Most often one parent has primary placement and one parent has secondary placement. Not sure about NH. You can petition the court on your child's behalf.
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Old 02-17-10, 08:55 AM
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Re: Can a 16 yrs.old request for his own evaluation against the parents wishes?

I can feel for you and your dilemma here. How frustrating. I live in NH too but have no clue about any of this - wish I did.

Maybe the problem with the Dad is not knowing what ADD is - or is their a chance that your son and your son and your Ex have similar traits and for your Ex to agree to your son being tested...that might also reflect on him? Just a thought.
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Old 02-17-10, 09:13 AM
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Re: Can a 16 yrs.old request for his own evaluation against the parents wishes?

I'm not finding a really clear answer online - but that could be becaue I have trouble understanding 'legalise' language. Here's what I did find:

[QUOTE} Can minors consent to treatment for mental or emotional disorders?
If you are at least 16 years old, you can consent to consultation, diagnosis, and treatment of a mental or emotional disorder by a physician, phychologist, or a clinic. [/quote]

This is in Maryland - I don't know if it's the same in New Hampshire ... the link



Aha - here is a listing for all the states, and Maryland is certainly in the minority. However, for kids who are driving, and they generally start to do that at age 16, being medicated for ADHD is usually a very good idea. That might be a good point to bring up with good ol' dad, eh? link to Age of Consent
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Old 02-18-10, 03:40 PM
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Re: Can a 16 yrs.old request for his own evaluation against the parents wishes?

Thank you so much everyone.
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