Legal Question in Family Law in New Jersey

Consent for therapy

Which parent is able to consent to psychotherapy for a child in a joint custody situation? The primary caregiver would like to bring the child in, but the other parent is against therapy?


Asked on 4/04/07, 1:07 pm

4 Answers from Attorneys

florence hessen florence f. hessen,esq

Re: Consent for therapy

Hi :

This matter requires someone to examine the custody agreement and examine the facts as to the reason why one parent wants the child in therapy. Is this a medical emergency or something that would require joint consent in a joint parenting situation.

Good Luck

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Answered on 4/04/07, 1:18 pm
Robert Davies The Davies Law Firm, P.A.

Re: Consent for therapy

I have read what the other attorney wrote, and she said exactly what I would say.

The custody agreement should say who makes decisions on medical treatment.

If one parent is to make those decisions, then the answer is that parent is in charge.

Usually in these situations, it is supposed to be a joint decision, unless it is a medical emergency in which case the parent with custody at the time of the emergency makes the decision.

You should have an attorney look at the divorce agreement and divorce judgment, talk to you about what the medical/psychological problem seems to be, and give you some advice.

If you would like, give me a call; I am in Hackensack (northern New Jersey). I will be happy to discuss

this with you; a brief telephone consultation will be free.

My contact information can be obtained from the links below, just click on the Attorney Profile link. Let my secretary know you found me through LawGuru.

Disclaimer: Your question and any response does NOT create an attorney-client relationship between you

and this law firm. You can not rely on the statements made by an attorney given over the internet. The

exact facts of your situation, including facts which you have not mentioned in your question, may completely change the result for your situation.

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Answered on 4/04/07, 1:50 pm
Gary Moore Gary Moore Attorney At Law

Re: Consent for therapy

A judge will have to decide this question.

Call me if you like.

Gary Moore, Esquire

Hackensack, New Jersey

www.garymooreattorneyatlaw.com

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Answered on 4/04/07, 2:31 pm
Jef Henninger, Esq Law Offices of Jef Henninger, Esq.

Re: Consent for therapy

If you can't work this out and there is nothing in writing, it sounds like its back to court for both of you.

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Answered on 4/06/07, 11:26 pm


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