Legal Question in Family Law in Michigan

I have joint legal custody of my 13 y/o daughter (14 in 2 weeks). Her mother has sent her for psychological evaluation at least 3 times each time ending when the therapist singled her mother out as a cause for my daughters behavioral issues. She sent her to another recently who is leaning towards a diagnosis of Borderline Personality Disorder - but I am taking the word of her mother since this particular Psychologist only sees wealthy clients (My ex married into money). Now they are talking about sending her to Texas for in-patient therapy for up to 8 weeks. I disagree with this for many reasons... the biggest being a fear that they are missing the whole "emotional abuse" that is occurring in her home. I myself was diagnosed as a victim of her mental abuse and from what my daughter says it is worse for her. The fear I have is that sending her away will make her feel more abandoned and not do her any good. My question is two fold.

1. Does she have the right to send her out of state for treatment without my consent.

2. Do I have the right to have my daughter see an additional psychiatrist for a second opinion.

My fear is that this will become a monetary fight that I can't afford. They have unbelievable wealth and I am living paycheck to paycheck with a family to worry about.


Asked on 6/03/10, 10:29 am

1 Answer from Attorneys
Miles Murphy Plachta, Murphy & Associates, P.C.

This is in response to your June 3, 2010 email regarding your 13 year old daughter. Since you have joint legal custody, you have the right to consult and/or arrange for any medical or health decisions for your daughter. Your ex apparently has unilaterally decided to send your daughter for counseling and now is discussing a Texas in-patient therapy session for up to 8 weeks. You could file an Objection or motion with the court seeking relief. The �best interest of the child� criteria would govern as to what is in the best interest of your daughter.

I would note that the primary physical custodian typically has more weight or authority to make these decisions on a day to day basis. A referral for further psychiatric testing despite your objection depends on the frequency and quality of contact you have with your daughter. How active and involved are you? Have you participated in school, medical, and related joint physical custody issues up until now?

Please contact me if you have any questions. My hourly rate is $235.00 per hour and I would require a retainer to provide further assistance.

Miles J. Murphy, III

Plachta, Murphy & Associates, P.C.

616-458-3994

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Answered on 6/04/10, 9:11 am


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