Wednesday, April 23, 2014

In N.Y., can one parent seek pscyh. care for a minor when the other parent withholds consent in a joint custody agreement?

Q:  My friend and his ex-wife are divorced and share equal custody (legal and physical) of their young children. Their divorce agreement says that decisions re: the health of the children should be made jointly. His ex-wife has been bringing the children to her personal therapist for treatment. My friend dislikes and distrusts this therapist since she does not seem to be able to give impartial advice. She is clearly biased in favor of his ex-wife. My friend told his ex AND the therapist that he does not consent to her treating his kids, but that he would consent to their seeing another therapist. His ex refuses to listen and keeps bringing the kids and the psychologist keeps seeing them. What, if any, recourse does he have?

A:  David's Answer:  One would need to carefully review their divorce agreement to see whether it provides for the occasion when they disagree. For instance, many such agreements require the parties to seek mediation prior to going to court. Thus, your friend is best advised to schedule a consult with a NYC Child Custody attorney for a full assessment.   -- David Bliven, Bronx Child Custody attorney (

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