My daughter is going through a lot of problems and I think she needs therapy. Unfortunately, her mother is protesting and has threatened to get attorneys involved.
Our daughter only sees a therapist when he is in my care as to not conflict with her mother’s parenting time. Is it legal to have her see a therapist?
While I am not licensed to practice law in your state and cannot give you legal advice, I can give some general observations on this issue based on the jurisdiction where I practice.
Technically, the parent who has legal custody of the child will have decision-making rights as to whether the child should be in mental health counseling.
If you have full legal custody then you can put the child in counseling without input from the mother. If you have joint legal custody, then you should try to discuss the matter with the child’s mother and if she disagrees, then she can’t put the child in counseling.
You should alert the child’s school and particularly the schools’ counselor to the situation so that they can provide support as needed. You might also get a journal for your step-son to use to write down his feelings and issues, be sure to respect his privacy and don’t read the journal yourself.
I would suggest that you contact a domestic litigation attorney to discuss the matter in more detail.