My neighbor is in desperate need of advice. He is the possessory conservator. Unfortunately this is a situation where there is some parental alienation on behalf of mom. Weekend possession is not denied, however one of their children is having a hard time adjusting to the divorce and desperately wants to be with dad. On several occasions, the oldest son (11 yr old boy) expresses desire to stay longer with dad and becomes aggressive and angry when he is returned to moms house. Several times mom will call dad crying because their son takes this action, but she refuses for dad to pick him up and spend time outside the court order. There is no doubt the child needs counseling, and the mom started taking him and having only 2 visits he has been prescribed depression medication.
Here is the problem: my neighbor feels there is alternate route to tackle the issues before medicating the child. Mom refuses to give up the information to counselor and their order specifically says they are to mutually agree before treating the child for psychological, surgical treatment.
What actions can he take if any?
He should be able to contact the psychologist directly and discuss the alternate route. A parent possessory conservator has the right to consult with physician, dentists, and psychologist. Unless the court order says otherwise, the parent has this right at all times. Family code 153.073 (a) (4).
Also, when the child turns 12, your neighbor could file a modification to the custody order based on best interest of the child and child's preference. The judge can interview the child outside the courtroom (in chambers) and ask who the child prefers to live with. If the judge determines this to be in the child's best interest, he/she can modify the orders accordingly.
You should advise your neighbor to get an attorney as soon as possible. Having a good attorney is the most effective way to protect the children's best interest.
There are many great family lawyers that handle cases in your area. Hire one and you and your kids will likely never regret it.
In addition to the above, I also will emphasize that your neighbour needs to hire a lawyer to discuss a modification.
You need to direct your neighbor/friend to family law counsel in Harris County. You are bordering on the unauthorized practice of law although you are just trying to help. Your neighbor needs to post or go see and retain counsel. Your friend needs to consult family law counsel regarding filing to modify the court orders. He also can contact TDFPS if he believes there is a medical neglect issue. The parents may simply have a disagreement in their approaches. The father can also see counsel regarding filing to enforce the court orders.
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