I just found out my ex-wife has one of our three children seeing a therapist who is administering drugs to my child. I was not involved in this and I have legal custody. How can I find out who this therapist is and what drug my child is being made to take?
In this particular case, you may be headed towards a custody evaluation and perhaps an attorney retained for your children (called minor's counsel).
As a temporary solution, you might want to file a motion asking for several orders. First, a request that the name(s) and contact information of the children's therapist(s) immediately be disclosed. At the hearing, I would ask the Judge to order her to disclose the names on the record (if you can get away with it), so there's no room for her delaying the matter further. Second, a request that the children not see a therapist without your written permission. Third, a specific order that no prescription drugs shall be administered to your children without your consent.
Again, it's only a temporary solution, but it is a start to asserting your rights as your children's father. If the situation does not improve, you may wish to ask for primary or sole custody of your children.
What is it that led you to believe that this is happening? Did you receive a bill? Hear it from your child? Whatever it is, you should ask your ex wife, politely, for the identifying information and the reason for the referral. Unless your ex wife has NO legal custody (you say you have "legal custody" but I assume you actually share that with her), your children's health, education and welfare are important issues to discuss together. You can also contact the doctor to set an appointment to discuss it. There may be good reasons for the prescription, so don't assume you'll oppose the doctor, or your ex wife, just because you weren't consulted in advance. Keep an open mind with your child's welfare the first priority.
It sounds as if you are aware that joint legal custody of a child means that you and your ex-wife having the joint right and the obligation to make decisions about a child's upbringing, including but not limited to schooling, religion, and medical care. If you share joint legal custody with your ex-wife and she excluded you from the decision-making process, you can take your ex-wife back to court and ask the judge to enforce the custody agreement. If things are as you make them seem in your brief question, you may need to put your ex-wife in her place in order to stop this behavior. If this kind of conduct continues, you may need to keep bringing motions against your ex-wife. At some point, the court may get fed up with her and take away the joint legal custody issue, appoint minor's counsel or a special master to deal with those issues.
I certainly prefer it and it is best for the children if parents can co-parent and mediate such issues, but that is not always possible.
The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change.
