Release of child's medical to family member

[chad01]

What is the name of your state? MD

I have physical custody and joint legal custody of my 13 year old daughter. Our daughter is in therapy and her mom has signed a release without my permission for her grandmother to be involved in therapy and obtain information in relation to therapy. This is not something I approve of for a number of reasons which I believe will undermine the therapy efforts. The therapist is also not sure why the grandmother needs to be involved. Can her mom unilaterally authorize her grandmother to be involved in our daughter's therapy, without my permission or with my explicit opposition?

To add, our current agreement is vague on joint legal custody. The only item which could relate is that if an emergency arises while in the care of either party, that parent may be permitted to make the decisions necessary and inform the other party when reasonably possible.

 

[Ohiogal]

What is the name of your state? MD

I have physical custody and joint legal custody of my 13 year old daughter. Our daughter is in therapy and her mom has signed a release without my permission for her grandmother to be involved in therapy and obtain information in relation to therapy. This is not something I approve of for a number of reasons which I believe will undermine the therapy efforts. The therapist is also not sure why the grandmother needs to be involved. Can her mom unilaterally authorize her grandmother to be involved in our daughter's therapy, without my permission or with my explicit opposition?

To add, our current agreement is vague on joint legal custody. The only item which could relate is that if an emergency arises while in the care of either party, that parent may be permitted to make the decisions necessary and inform the other party when reasonably possible.

Mom can allow grandmother to get information and be involved just like you can sign for your mother to be involved. Or your wife or whoever.

 

[LdiJ]

What is the name of your state? MD

I have physical custody and joint legal custody of my 13 year old daughter. Our daughter is in therapy and her mom has signed a release without my permission for her grandmother to be involved in therapy and obtain information in relation to therapy. This is not something I approve of for a number of reasons which I believe will undermine the therapy efforts. The therapist is also not sure why the grandmother needs to be involved. Can her mom unilaterally authorize her grandmother to be involved in our daughter's therapy, without my permission or with my explicit opposition?

To add, our current agreement is vague on joint legal custody. The only item which could relate is that if an emergency arises while in the care of either party, that parent may be permitted to make the decisions necessary and inform the other party when reasonably possible.

What did the therapist say when you told the therapist that you disagreed with grandma being involved?

 

[chad01]

What did the therapist say when you told the therapist that you disagreed with grandma being involved?

She agrees, but she needs me to confirm the legality of whether she can prevent having her involved or not.

 

[LdiJ]

She agrees, but she needs me to confirm the legality of whether she can prevent having her involved or not.

You probably need to take mom to court for contempt for making a unilateral decision to involve grandma in the child's therapy without your consent. Get the judge to order mom to put a stop to that.

 

[Ohiogal]

You probably need to take mom to court for contempt for making a unilateral decision to involve grandma in the child's therapy without your consent. Get the judge to order mom to put a stop to that.

Wrong.

 

[chad01]

You probably need to take mom to court for contempt for making a unilateral decision to involve grandma in the child's therapy without your consent. Get the judge to order mom to put a stop to that.

We're already scheduled for court, she's in contempt for a number of items. In this case, I'm not sure if it is contempt... if I don't agree and we're supposed to make joint decisions regarding the health of our child and I don't approve of this, then I would assume that would invalidate the legality of release - but I'm not sure, I'm waiting for attorney to get back.

 

[chad01]

Mom can allow grandmother to get information and be involved just like you can sign for your mother to be involved. Or your wife or whoever.

How would this apply though if we're suppose to make joint decisions regarding the child's health. Just like when initially starting therapy, I couldn't just sign her up for therapy without her mom's consent.

 

[Zigner]

We're already scheduled for court, she's in contempt for a number of items. In this case, I'm not sure if it is contempt... if I don't agree and we're supposed to make joint decisions regarding the health of our child and I don't approve of this, then I would assume that would invalidate the legality of release - but I'm not sure, I'm waiting for attorney to get back.

Please note that Ohiogal is a site-verified family law attorney, and the only attorney who has responded to you.

 

[chad01]

Please note that Ohiogal is a site-verified family law attorney, and the only attorney who has responded to you.

Thanks, that's good to know. I wasn't dismissing, was thinking more.

 

[Ohiogal]

How would this apply though if we're suppose to make joint decisions regarding the child's health. Just like when initially starting therapy, I couldn't just sign her up for therapy without her mom's consent.

You can allow anyone you want to go to appointments and such with you as well without mom's permission. If you are remarried or want to take your SO you can. You can also enable your SO or whoever to talk to the therapist if you cannot take the child for some reason. It doesn't sound like she is giving grandma the right to make decisions about counseling but just get information. Joint custody means you have to make decisions about the child's care together -- should the child be in therapy? Should the therapist change just because? Should the child be placed on medication? Not who can go to appointments. It is about decision making.

 

[Taxing Matters]

You probably need to take mom to court for contempt for making a unilateral decision to involve grandma in the child's therapy without your consent. Get the judge to order mom to put a stop to that.

It's not contempt unless the existing orders already bar mom from involving grandma. Remember, contempt is the willing violation of a court order. Without a court order there can be no contempt. The OP may petition the court to get an order barring grandma's participation, but whether that might be successful is another matter and one that the OP needs to discuss with family law attorney.

 

[stealth2]

How would this apply though if we're suppose to make joint decisions regarding the child's health. Just like when initially starting therapy, I couldn't just sign her up for therapy without her mom's consent.

How does providing Grandma information affect kiddo's health?

 

[LdiJ]

It's not contempt unless the existing orders already bar mom from involving grandma. Remember, contempt is the willing violation of a court order. Without a court order there can be no contempt. The OP may petition the court to get an order barring grandma's participation, but whether that might be successful is another matter and one that the OP needs to discuss with family law attorney.

I am seeing it more as a violation of joint legal custody. Making decisions about who can be involved in the child's counseling/therapy when the other parent is opposed.

 

[Zigner]

I am seeing it more as a violation of joint legal custody. Making decisions about who can be involved in the child's counseling/therapy when the other parent is opposed.

You are wrong, as has been pointed out by both attorneys who have responded on this thread.