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.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
