Q: I am father of two children. Their mother is telling them I murdered someone to scary them into avoiding home visits
I am the father of two children ages 12 and 15, years old. Their mother is consistently telling my children that I murdered my stepfather which is not true. I was not born when my stepfather was murdered during 1981. I was born 1982, my two children believe their mother now they do not want to come home with me on Court Ordered Visitations with me. Their mother also told my children I have a warrant out for my arrest all this horrible information is 100% false. My two children are mentally fearful terrified of me. They are afraid to go home with me because they trust what their mother told them. I had my two children evaluated by a psychiatrist the psychiatrist said they need mental health treatment can I get mental health treatment without the consent of their mother. Both my children are extremely fearful of their mother. I know this is mental abuse. But what can I do to help my two children get the mental help they need without their mother signature?
A: The matter of needing the mother’s permission to attend the type of mental health treatment your children were referred to is a matter pertaining to the legal custody arrangement in place. If you and the children’s mother share joint legal custody, then, yes, it is likely that she would need to be in agreement to the children seeking mental health treatment. However, if you prove to the court that the children’s mother is causing risk to the children’s health by refusing their treatment, or for that matter, personally inflicting mental or emotional abuse, then the courts may no longer see the current custody arrangement in the children’s best interest. I recommend you thoroughly document all occurrences of and reasons for the children’s resistance toward the visitation schedule as well as the psychiatrist’s professional evaluation and recommendation. These will be very beneficial and helpful in making your custody modification case in court.
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