Question:
I am the non custodial parent with joint legal custody. Can the custodial parent have the child be seen by a psychiatrist without my consent? My ex has had the child see over 7 therapists in the past few years and is showing signs of stress because of it. I have voiced my concern in the past, and do not feel he needs to be seen by one. I have asked the mother to speak with me first (joint legal custody) before making medical decisions and she continues to deny me this.
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I found out she has once again started taking him to a new psychiatrist/therapist without my consent, or without even telling me and keeping it a secret.
Is she allowed to do this? Also, is the therapist/psychiatrist allowed to treat my child in the state of New York without my consent?
Answer:
In general, joint custody requires joint decision making. Some parents engage in that type of decision making with ease, but others do not. To determine whether your ex has the right to schedule any medical treatment without your knowledge or consent, I would first want to review your Agreement, if you have one, or the Court’s custody decision if your case was litigated. The secretive scheduling and the number of counselors seen the years are both issues that can be addressed in Family Court. The eventual remedy will depend upon your Agreement/Custody Order and all of the facts presented to a court. I would recommend that you schedule a consultation with an attorney to review this matter.
This legal question was provided by a Avvo and answered by Jean Mahserjian an experienced New York Child Custody Attorney. This does not consent an attorney client relationship.
