Question:
Is therapy for child considered a medical procedure that both parents should reach a decision on?
My ex-wife has taken our child to therapy sessions without my consent. My understanding is that any medical “procedure” needs to be agreed upon by both parties.
Is my child’s therapy session considered a medical procedure?
Answer:
I am unable to give you legal advice on divorce. I can give general divorce help for men, though, my knowledge is based on Missouri divorce laws where I am licensed to practice.
If parties share joint legal custody of their child, the parties must agree before making any final decisions on issues affecting the growth and development of the child. This includes non-emergency medical treatment and the psychiatric or like treatment or counseling of the child.
Thus, if you share joint legal custody of your child, your ex-wife’s unilateral decision to take your child to counseling is in violation of your right to joint legal custody. Therefore, she is in contempt of the court’s order.
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However, where I practice, if there has not yet been a court order awarding you joint legal custody, there is essentially no statute or rule to rely on which guarantees that a father automatically has joint legal custody of their child.
If that’s the case, your ex-wife may be able to make these unilateral decisions regarding your child’s medical treatment regardless of your objections.
It is important that you speak with a mens divorce attorney quickly to begin proceedings to ensure you have at least joint legal custody.
Remember, I am unable to provide you with anything more than divorce tips for men, so please consult with a divorce lawyer in your jurisdiction.
To arrange an initial consultation to discuss divorce rights for men with a Cordell & Cordell attorney, including St. Louis Divorce Lawyer Brittany Brown, contact Cordell & Cordell.
