Q: In NJ does Sole Custody include physical and legal custody?
My 7 yr old son is having behavior issues and I would like him to see a psychologist. The psychologist insists that my Ex-Wife sign the consent forms but my divorce paperwork says that I have Sole Custody. Because it does not specifically say "legal custody" they won't see my son without her filling out their paperwork.
A:
Its rare for a court to award sole custody to a parent today, so im sure that the doctors office is on "auto pilot" and does not know how to interpret it.
Under the laws applicable in New Jersey, when parties are divorced and there is a joint legal or a joint physical custodial plan in place, the doctor needs consent from both parents to see a child to avoid any claims being asserted against him for violation of his ethical obligations.
Here, you say that you have a judgement of divorce, where you were given sole custody, which suggests that you have the authority to undertake action to address your son's health, education and general welfare without the requirement for discussion and agreement from your ex.
Since I have not read your judgement of divorce and have no knowledge as to why you were granted a sole custodial setting for your child, my suggestion is that there are several ways for you to approach this issue:
1. The simplest way would be to contact your ex and ask her if she would consent to your son seeing a mental health professional;
2. If you are uncomfortable with option one or dont think that she will cooperate, you can ask the doctors office if you can speak with his legal counsel to explain to him the significance of the sole custody designation. The lawyer can then verify that your understanding is correct and that the psychologist can meet with your son without the consent of your ex;
3. You can spend the money to hire a family law attorney, who can review the actual agreement to confirm your sole custody designation and then the lawyer retained can contact the psychologist or his counsel to explain your entitlement to treatment without your ex's consent; or
4. find a different psychologist, who is knowledgeable on the distinction between a sole custody setting and a joint legal custodial setting and willing to meet with your son without your ex's consent.
1 user found this answer helpful
A: Thank you for your question. This would be dependent on the wording of your order and more information would be necessary to address your issue. I would suggest that you schedule a free consultation with an attorney who can go through your order and explain its meaning.
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