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I have 50/50 Joint legal and physical custody with my ex.

Minocqua, WI |
Filed under: Shared custody

After I specifically told her that I did not want our child seeing a therapist for absurd reasons she still took her. Is she in contempt of court?

Attorney Answers 3

  1. I dealt with this same situation last year and we were able to stop the counseling before it began. She probably is in contempt for (1) not giving you notice and (2) taking them to counseling without your permission. Find a local family law attorney and discuss this matter with them. Don't wait or things will only get worse.

  2. She must share this info with you and given you have joint legal unless there is a provision which gives her more authority overy medical etc she could be in contempt.

    Legal disclaimer: The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of Massachusetts. Responses are based solely on Massachusetts law unless stated otherwise.

  3. It is highly unlikely that there is a court order prohibiting the mother from taking the child to a therapist unless the father consents. However, if there is such an order, she is in contempt. Given the fact that I highly doubt that there is such an order, the question is best answered with an explanation of "joint custody". This means that each parent possesses the authority to make parental decisions for the child, which are typically medical care, religious training, schools, etc. It DOES NOT mean that each parent must agree before any medical treatment, etc. The one exception is schooling. In a 50/50 placement order, the parents must agree on where the child will go to school. If the therapy truly is absurd, and if it is not covered by insurance, you are better off attacking this problem from the perspective that you should not be required to pay half of the unnecessary and uninsured therapy expense.

    This answer is for informational purposes only. By answering this question, no attorney/client relationship is created. Although the legal information is accurate, it may not be appropriate for your situation. The best way to handle any legal problem is to seek the advice of an attorney.

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