Pueblo, CO asked in Family Law and Child Custody for Colorado

Q: Am I able to request written proof from a verified counselor that some has attended regular sessions?

I was given temporary guardianship of my nieces and before I feel comfortable sending them back to the care of there mother I would like to know if she has done anger management and counseling to control her temper as well as addressed her drug issues. The children were removed for abuse allegations

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2 Lawyer Answers
Tristan Kenyon Schultz
Tristan Kenyon Schultz
Answered
  • Divorce Lawyer
  • Fort Collins, CO
  • Licensed in Colorado

A: As a intervener you do not have the power or right to request medical information of any parties to a case. A judge may request the information as a condition of visitation or termination of the guardianship. If you have a standing court-approved guardianship you can restrict access up to the limits placed on you and the parties by the court. If this is tied to a D&N case you can attend the next status conference (in which the judge will ask and review the compliance of the parties with treatment plans) to gain most or all of the information that you want.

Stephen J. Plog
Stephen J. Plog pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered
  • Divorce Lawyer
  • Tampa, FL
  • Licensed in Colorado

A: Not from the counselor directly unless the mother has signed a release authorizing the counselor to communicate with you. Otherwise, you should have the right, or rather the mother should have the duty, to provide you proof of her compliance. This is, of course presuming there is a court order requiring her to do these things. Requesting proof is reasonable and a court shouldn't require you to just take her word for it.

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