It doesn't matter what state the poster is in. Unless the orders state that if they disagree one of them has the final say, then it takes the agreement of both parents.If parents have joint legal custody, can one parent take a child to counseling without the others permission?
OP has logged off, but just out of curiosity, what if the parent that takes the child to counseling just doesn't tell the other parent about it? If one parent encourages the child to withhold information or simply flat out lie to the other parent, is that a violation of the custody order?It doesn't matter what state the poster is in. Unless the orders state that if they disagree one of them has the final say, then it takes the agreement of both parents.
Unfortunately, that sort of thing happens all the time. Often, the parent acting unilaterally will get away with it...at least until the other parent gets a bill from the provider or an EOB from the insurance company, or the child lets it slip that a counselor is involved.OP has logged off, but just out of curiosity, what if the parent that takes the child to counseling just doesn't tell the other parent about it?
Unfortunately, that sort of thing happens all the time. Often, the parent acting unilaterally will get away with it...at least until the other parent gets a bill from the provider or an EOB from the insurance company, or the child lets it slip that a counselor is involved.
There are therapists out there who are savvy enough -- sometimes as a result of having been dragged into a court battle before -- to ask about legal custody status when a child is brought for treatment by one but not both parents. Of course, some parents will lie about legal custody status when asked. I know of few therapists who require proof of custody/guardianship and who seek releases from all responsible parties before providing treatment to a minor. In my experience, it is more common for a therapist to accept the authorization of only one parent.
So the technically correct answer is that a parent with joint legal custody CAN take a child to counseling without the other parent's permission or knowledge --Even if contempt is not proved, the other parent may insist that treatment stop until a mutually agreed upon provider is selected.but a parent who does so risks being found in contempt.
It is enforced in the same way other violations of court orders are enforced. One party files a Motion for Contempt/Rule to Show Cause. The other party is served. There is a hearing. The party alleging contempt presents evidence that the behavior was willful and violated the order, the other party presents his/her defense.How is it generally enforced? I don't see many posts about violation of legal custody issues