If I have joint legal rights to all three of my daughters and one of my daughters is mentally ill and needs to be put in an out of state mental health care hospital and my ex wife is not communicating with me at all in regards to my daughters care. My ex is making all the decisions without my consent is she in contempt of the stipulation order? She has primary and I have joint legal rights so I am supposed to have a say in an and all medical decisions. My ex wife is trying to send my daughter to and out of state mental hospital that has the worst ratings of any mental hospital around. I wrote my ex wife 4 emails stating I have joint legal rights and need to be part of this decision and she will not respond to my calls or emails. What are my options? I don't want my daughter going to this mental hospital to get abused and or hurt or get worse. I feel my ex is clearly in violation of our stipulation order does this mean she's in contempt?
Legal custody rights include making medical decisions for a child. Mental health care is a medical decision. Per Rivero v. Rivero, joint legal custody vests the medical decision making with both parents. If the parents agree, then there is no issue. If they disagree, status quo remains until they agree or a court says otherwise.
From what you are saying the other parent is in violation of your joint legal custody rights. The remedy is to file for an order to show cause and to have the child sent to a proper medical care facility.
These issues are quite complex. You should consult with and probably hire an experienced attorney. Filing the wrong paperwork, filling out the paperwork incorrectly, and/or requesting the wrong relief can amplify the issues you are having.
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