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Blog Hog - Since DH has joint legal custody

NotYourAverageStepMama's picture

does he need to agree or sign off for SD to even receive therapy? I have seen mixed answers online. Dh wouldn't decline SD getting therapy or say anything about it until talking to the therapist to find out more information about what SD is in therapy for, etc. but I was wondering if BM legally can even put SD in therapy without his consent?

Not even saying DH would try to stop SD from going to therapy, but he does want to make sure he knows his legal rights on the matters especially if SD is in therapy for a different reason and if he cannot get access to the information that BM is going to be provided from the therapy sessions. 

 

**EDIT: Reached out to a lawyer in the state they currently live in and the lawyer responded back and said "if you have joint legal custody, you would both have to agree on that."

Comments

NotYourAverageStepMama's picture

"the child shall be in the joint legal custody of the parties. The parent with whom the child is residing at a particular time should be responsible for matters of day to day parental supervision."

SteppedOut's picture

This is super vague.

NotYourAverageStepMama's picture

definition of legal custody do you go by? The state the CO was issued in or the state in which SD now lives? BM never moved anything to the state they now live in.

Rags's picture

As I understand it.  Generally, if either bio parent continues to reside in the State where the active CO was originated, it is not easy for the parent who moved to a different State to change venue.

We never did though DW had already left SpermLand for university studies out of State after receiving full physical and legal custody of her infant son.  We married and the next week were in SpermLand to defend a custody grab attempt by SpermGrandHag.

We have never lived within 1200 Miles of SpermLand from the time we married until SS aged out from under the CO after HS graduation.

We could have motioned for change of venue to Texas. We kept that as a stick to beat the SpermClan with when they stepped out of line. Once a minor child under a CO is resident in TX for 6mos, TX courts can be engaged to assume jurisdiction.  The stick was that the Spermidiot's CS would have likely gone well above $1K/mo (^~800%) had we initiated change of venue.  The down side was that visitation would have likely gone up by 50%.  No amount of money would have motivated us to sacrifice SS to that shit show of genetic effluent any more than the 7wks a year he was at risk of having to spend with them per the CO.  Fortunately, on several occassions during the 16 years we lived with the visitation order, the SpermClan took no visitation for a year or more.  We never denied visition per the CO, but neither did we force them to take it.

NotYourAverageStepMama's picture

the original CO was made in. Both BM and DH moved out of that state and SD resides in another state. According to an attorney in that state, since DH has joint legal custody, he has to consent to the therapy as well.

SteppedOut's picture

If the therapy office even asks. Until it becomes an issue, it probably is a non issue.

NotYourAverageStepMama's picture

We know which facility SD is going to. Not sure who is her therapist and probably won't until DH reaches out. Big surprise BM has not uploaded any of the information she said yesterday she would be uploading today. I doubt if it hasn't been uploaded yet that she will do it at all. 

Rags's picture

As I understand it.  Generally, if either bio parent continues to reside in the State where the active CO was originated, it is not easy for the parent who moved to a different State to change venue.

We never did though DW had already left SpermLand for university studies out of State after receiving full physical and legal custody of her infant son.  We married and the next week were in SpermLand to defend a custody grab attempt by SpermGrandHag.

We have never lived within 1200 Miles of SpermLand from the time we married until SS aged out from under the CO after HS graduation.

We could have motioned for change of venue to Texas. We kept that as a stick to beat the SpermClan with when they stepped out of line. Once a minor child under a CO is resident in TX for 6mos, TX courts can be engaged to assume jurisdiction.  The stick was that the Spermidiot's CS would have likely gone well above $1K/mo (^~800%) had we initiated change of venue.  The down side was that visitation would have likely gone up by 50%.  No amount of money would have motivated us to sacrifice SS to that shit show of genetic effluent any more than the 7wks a year he was at risk of having to spend with them per the CO.  Fortunately, on several occassions during the 16 years we lived with the visitation order, the SpermClan took no visitation for a year or more.  We never denied visition per the CO, but neither did we force them to take it.

Survivingstephell's picture

I would be Persistent in Demanding documentation on any health matter and force BM to take it back to court if she balks.  You have a relationship with the school, you do this too.  

NotYourAverageStepMama's picture

because prior to that DH was the one who took SD to the doctors and made sure she got her shots, etc. But since 2021 it has been a battle. Since the start of the school year we don't demand anything. We ask for something once and if it is not provided even after saying she would, we don't say anything because it is all documented that we asked and it was never provided. Not trying to "harass" her and then we reach out to whoever it is and say that BM did not share xyz and we need it. 

We don't plan on going back to court anytime soon unless it is one of those we can't complain about it because we didn't do anything sort of scenario like if BM didn't agree to the 2 make up days and SD missed another flight.