Our daughter was recommended for therapy sessions since she is experiencing separation anxiety. The doctor referred her out to mental health services, and after the assessment, they also agree with therapy. I made an appointment on my day and informed dad of the time 1 week before. He told me his lawyer said since we have 50/50, I can’t make appointments without his consent, only if it’s life-threatening. He wants me to reschedule the appointment until he agrees with me about therapy. Is that true? We have only had 50/50 for 2 months and I feel like he is abusing his power now. What can I do to change this?
Layperson/not verified as legal professional. I would take your child to the appointment since that’s in their best interest. He could, theoretically, file contempt with the court. But then he’d have to explain why, against medical advice, he doesn’t want the child to attend therapy. As long as there’s no ulterior motive with therapy, it seems like a no-brainer to me.
Layperson/not verified as legal professional. In California, joint legal means that you each have full rights to make decisions alone. While you should work together if at all possible, you don’t need to agree on anything; you make your decisions, he makes his. That’s regardless of who has primary custody. So even if he had primary custody and your child is with you one day every other week, you can take the child to therapy on that day if you want.
@Piper
That makes sense. So I can go ahead with the appointment without worrying too much?
Layperson/not verified as legal professional. I could be wrong, but under that same authority, he could tell the therapist to not treat his child. And any decent therapist will not see a child if one parent is against it, it will undermine any work.
@Paige
That’s true, but legally, just one parent’s consent is required. It might complicate things though if he opposes it strongly.
Layperson/not verified as legal professional. Seems to me like he’s doing this to spite you. Any level-headed parent would want the best for their child, especially when it comes to their mental health.
Layperson/not verified as legal professional. What does your court order say? That will always govern. If the order says y’all have to agree, then yes. If the court says each can do their own thing? Then no. If it’s silent, then sure. You gotta go back to court.
@Madison
Yes, it’s silent. If I still take her to her appointment without his consent, can that come back on me?
Layperson/not verified as legal professional. The father can file a motion of contempt if the court order states he has to agree given he has 50/50 joint decision making. The judge will decide if you are in contempt and if any sanctions are appropriate. While I don’t agree with what he is doing and think you should follow the doctor’s recommendation, that’s not how laws work unfortunately.
@Micah
So he can really file a motion of contempt on me? But the court order doesn’t say anything about us having to agree.