Divorce can be a challenging time for families, especially when it comes to making important decisions about your child’s well-being. One of the common concerns parents face is what happens if one parent decides to take the child to a counselor without the other parent’s permission.
These situations often lead to questions and can heighten tension between parents who are already managing the complexities of a separation. Understanding how these decisions are handled can help you navigate this aspect of your child’s care more smoothly.
In the video, Atty. Heather Ogier of Turner-Monahan PLLC sheds light on how court orders impact decisions about a child’s psychological care. All case evaluations are based on Texas Family Law. This content is for educational purposes only.
The Impact of Parental Disagreements on the Child’s Counseling
Parental disagreements over counseling can significantly impact the child’s well-being. If one parent is resistant to counseling or disagrees with the chosen therapist, it can create additional stress for the child.
It’s important for parents to communicate and try to reach a consensus, even if they are no longer together. If they cannot agree, the court may intervene to ensure that the child’s mental health needs are not neglected due to parental conflict.
When There Are Existing Court Orders
If there are existing court orders in place, the situation becomes clearer:
Independent Right to Make Decisions
Some court orders allow both parents the independent right to make decisions about the child’s psychiatric and psychological care. In this case, either parent can take the child to a counselor without needing the other parent’s permission.
Exclusive Right to Make Decisions
In some situations, one parent may be given the exclusive right to make decisions regarding the child’s counseling. This means that only this parent has the authority to decide if the child should see a counselor and which counselor they should see.
Specific Counselor Named in the Order
Sometimes, the court order will specify a particular counselor that the child must continue seeing. The order might also state that the child should remain with that specific therapist until the therapist decides that counseling is no longer necessary.
When There Are No Court Orders in Place
If there are no current court orders, the situation becomes more complicated. Without a court order, neither parent has a clear legal right to make decisions about the child’s counseling without the other parent’s agreement.
In this case, the issue may need to be taken to court. A judge would then determine which parent should have the exclusive right to make decisions about the child’s counseling. This legal process helps ensure that decisions are made in the best interest of the child.
The Role of Temporary Orders in Counseling Decisions
During the early stages of a divorce, temporary orders can be put in place to address immediate concerns, including decisions about a child’s counseling. These temporary orders can give one parent the authority to make decisions about counseling until a final custody agreement is reached.
Temporary orders are particularly useful in situations where a child’s mental health needs immediate attention, ensuring that there is no delay in getting the child the help they need.
What Does the Texas Family Code Say About Counseling Decisions?
The Texas Family Code provides specific guidelines on how decisions regarding a child’s counseling should be handled during a divorce. Below are some relevant sections and statutes that relate to the topic:
Section 153.071: Rights and Duties of Parents
This section outlines the rights and duties of parents in managing the well-being of their children. It includes provisions about making decisions related to the child’s psychological and psychiatric care. If the court grants a parent the exclusive right to make these decisions, the other parent must comply unless the order is modified.
Section 153.132: Rights and Duties of Parent Appointed as Sole Managing Conservator
This statute gives the parent who is appointed as the sole managing conservator the right to make decisions concerning the child’s education, health care, and religious training. This includes the right to consent to counseling and other mental health services.
Section 153.134: Court-Ordered Joint Conservatorship
In cases where parents are appointed joint managing conservators, the court may specify which parent has the right to make decisions regarding the child’s counseling. If no specific designation is made, both parents typically share the responsibility for decision-making.
Section 153.371: Rights and Duties During Periods of Possession
This section specifies that during periods of possession, each parent has the right to make decisions concerning the child’s welfare. However, it’s important to note that these rights can be limited by the court’s orders, especially regarding counseling and psychological care.
Hire An Experienced Fort Worth, Texas, Divorce Attorney
Understanding your rights and responsibilities as a parent is crucial to ensuring that your child receives the support they need. If you’re facing disagreements or uncertainties about counseling decisions during a divorce, it’s essential to consult with a family law attorney who can guide you through the legal process and help protect your child’s best interests.
Just call us at 817-332-4477 or schedule a free, no-obligation consultation with attorney Tyler Monahan to discuss the details.
Check our website for more information about our services. Plus, don’t forget to go through our blog to find out more regarding your case. There is tons of information on divorce and answers to unique questions like “How is Child Support Determined in Texas.”
FAQs Regarding Divorce
Divorce cases are unique, so you will have many questions. To save you time and hassle, here are some topics that revolve around the area. For more information, contact our firm, Turner-Monahan, PLLC.
- What Are Divorce Decree Modifications?
- Do I Need a Postnuptial Agreement?
- Can I Change My Child’s Last Name After Divorce?
- 18 Divorce Do’s and Don’ts
Disclaimer
The commentary and opinions are for informational and educational purposes only and not to provide legal advice. You should contact an attorney in your state for legal advice concerning any particular issue or problem. You can become a client and enter the attorney-client privilege only after hiring Turner-Monahan, PPLC, by signing a written retainer agreement.
