Legal Question in Family Law in New Jersey

Mental Health Services

If a child is brought to a therapist for counselling by the ''parent of primary residence'' does the other parent have the legal right to refuse the services of the therapist if they have ''Joint custody'' under the divorce decree? If the decree states that each parent has the responsibility to ''conduct themselves in the manner that shall be in the best interest, welfare & happiness of the children & neither party shall do anything that shall adversely affect the morals, health or welfare of the children'' wouldn't arbitrarily terminating therapy by one parent be in violation of this agreement?


Asked on 5/25/08, 12:12 pm

2 Answers from Attorneys

Robert Davies The Davies Law Firm, P.A.

Re: Mental Health Services

No, the noncustodial parent can not terminate therapy.

Yes, terminating would be a violation. Why would the therapist listen to the noncustodial parent?

You sound like you do not have an attorney. Get one. A very strong letter here may be needed. If that does not work, you go to court (but that is expensive and unpleasant, and you try 'nice' first).

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 response that you have received is based only on the small amount of information which you have provided. 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 5/26/08, 10:14 am
Robert Davies The Davies Law Firm, P.A.

Re: Mental Health Services

No, the noncustodial parent can not terminate therapy.

Yes, terminating would be a violation. Why would the therapist listen to the noncustodial parent?

You sound like you do not have an attorney. Get one. A very strong letter here may be needed. If that does not work, you go to court (but that is expensive and unpleasant, and you try 'nice' first).

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 response that you have received is based only on the small amount of information which you have provided. The exact facts of your situation, including facts which you have not mentioned in your question, may completely change the result for your situation.

Read more
Answered on 5/26/08, 10:15 am


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