• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Power to Consent

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

What is the name of your state? TX

August 29th, my daughter disclosed to my fiancee that her mothers boyfriend had been touching her genitalia. We of course went through all the CPS filings and police reports etc...

She did not disclose anything in the interview with Child Advocacy reps, so our next step was going to play therapy. We thought this was supposed to be handled through CPS, but now they are saying they are more than likely closing the case because she didn't disclose anything to them.

This creates a problem for me because I don't have a problem having her treated by a psychologist in hopes of getting her to disclose what's going on. She has been stating that things are still going on to my fiancee and I, and that the boyfriend is still there at her moms house, which is against the court order.(injunction on the boyfriend) Well, the proble is that the way I read my prior order, the only one who has the exclusive right to consent to treatment is her mother because she has the right to determine primary residence. After speaking with a therapist, I was informed that unless the order permitted me to do so, they can't help me.

Is there a way around this considering the situation, because I already know her mother isn't going to allow her to go through therapy, especially since it would hurt her case if my daughter tells the therapist what's going on. I'm really afraid now because my daughter is being coached to tell me things, such as her mom's boyfriend no longer lives there. When I ask who was at her mom's house this week, she tells me her mom, grandma and always ends it now with "and nobody else". If you hear it, you can tell its rehearsed.

My attorney is drafting the new temporary order, is it possible that he be able to add that I have the ability to consent to her treatment, or is there a way to seek treatment withouth the order, or the mother being involved?
 


CJane

Senior Member
How old is the child?

Stop asking her who was at her mother's house. Using the child as someone to tattle on mom is NOT ok.

You're going to have a very hard time finding a therapist who will see - on a clinical level - a child without the consent/participation of BOTH parents or without a court order that states that one parent has the exclusive right to make medical/therapeutic decisions.

You could certainly petition the court to order therapy and take the 'consent' out of Mom's hands... but if CPS is closing the case as unfounded, that's not terribly likely.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top