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? on Therapy when joint legal is in CO

Started by Mom0f3, Sep 12, 2009, 12:39:03 AM

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Mom0f3

Friday while waiting for our children to get home from school. My SS did not get off the bus.  My DH tried to contact his BM to see if she had him while I had the bus driver contact the school.  My husband of course did not get an answer when he called the BM and as the bus driver got confirmation that the BM had picked him up early from school she was calling my DH back on his cell phone.

My DH asked if she had Marqus and why she didn't contact him to inform him she was picking him up.  Turns out the BM had signed him out early because she had a LCSW come to her house for him to have therapy.  She told him that they just finished and he asked why he wasn't informed of any therapy session for my SS and to send him up to the bus stop now.  The BM told him he knew she was looking to get him into therapy.

We walked down to her house and of course the DH and I were very upset with her actions and not contacting my DH to inform him of such.  They both have joint legal custody so shouldn't she have talked to my DH first and informed him of the session?

I was also wanting to know if my DH can request to the LCSW that if she has any further therapy with the child that he is made aware and that without him being there the session shall not go forth being they have joint legal?

The BM is trying to make my SS out to look like he is falsely accusing her and her husband of smoking in front of their children and a child who likes to hotline their parents.

ocean

Legally you both can bring him to therapy under the joint legal. Does your papers state you must tell each other of appointment? That is the part you need.

Do you know who the therapist is? (call insurance company when they get bill?) Call therapist, ask for an appointment without child. Bring evidence and court order so she can get a full picture of what has been going on and not just BM view. Then ask how therapy will work. Show her the court order where you have legal rights to whatever she is giving BM. Also ask for a session with you and child so she can see how you guys are together.

If child is suppose to come to your house (is it court ordered) yesterday. Have the school NOT allow BM to pick up on your days. (You give them the court order and they must enforce it). If you dont have it court ordered and going back to court soon, ask for it to be written that mother will not be allowed to pick up child on fathers days. Father will pick up child on XX days or child will take bus to fathers house. Then the school will be responsible to make that happen.

Momfortwo

Quote from: ocean on Sep 12, 2009, 06:12:06 AM
Legally you both can bring him to therapy under the joint legal. Does your papers state you must tell each other of appointment? That is the part you need.

Do you know who the therapist is? (call insurance company when they get bill?) Call therapist, ask for an appointment without child. Bring evidence and court order so she can get a full picture of what has been going on and not just BM view. Then ask how therapy will work. Show her the court order where you have legal rights to whatever she is giving BM. Also ask for a session with you and child so she can see how you guys are together.

If child is suppose to come to your house (is it court ordered) yesterday. Have the school NOT allow BM to pick up on your days. (You give them the court order and they must enforce it). If you dont have it court ordered and going back to court soon, ask for it to be written that mother will not be allowed to pick up child on fathers days. Father will pick up child on XX days or child will take bus to fathers house. Then the school will be responsible to make that happen.

No, the school does not have to enforce the order.  It's not the school's job to keep track of each parents parenting day.  The school cannot deny a parent picking up a child UNLESS there is a specific court order that says the parent can't pick the child up from school.   Just being the other parent's day does not make it court ordered that the parent  whose day it is not is unable to pick up the child.

What the father needs to do is arrange to have the therapy done at his house on his days.   

ocean

I work in a school and we are legally bound to court orders. If the father has custody at the end of school on Friday's then that is the only parent the child will be released to. You should see the list we have in the office.

Mom0f3

Quote from: ocean on Sep 12, 2009, 04:56:49 PM
I work in a school and we are legally bound to court orders. If the father has custody at the end of school on Friday's then that is the only parent the child will be released to. You should see the list we have in the office.

On enrollment forms it even asks about court orders here where we are at.

snowrose

Quote from: ocean on Sep 12, 2009, 06:12:06 AM
Legally you both can bring him to therapy under the joint legal. Does your papers state you must tell each other of appointment? That is the part you need.

Mmmmm...  Not where I live.  Here, if there is joint custody then the therapist must have the written permission of both parents.  It's only because my DH has full care and control of SD that we can get her therapy without BM signing for it.

Momfortwo

Quote from: Mom0f3 on Sep 13, 2009, 11:13:01 AM
Quote from: ocean on Sep 12, 2009, 04:56:49 PM
I work in a school and we are legally bound to court orders. If the father has custody at the end of school on Friday's then that is the only parent the child will be released to. You should see the list we have in the office.

On enrollment forms it even asks about court orders here where we are at.

My school asks, too.  And it also states that if the court order doesn't specifically state that the other parent can't pick the child up at school, the other parent can.  Regardless of whose day it is.