Emeryville, CA asked in Family Law and Child Custody for California

Q: Can a father w sole medical custody in CA block me (the mother) from having a conversation with my child's therapist?

My child's Dad has blocked me from having any conversation with my daughter's new therapist. My child's Dad has sole medical custody but we share 50/50 physical custody. I am the more involved parent. My child says things along the line of that she is less stressed with me because he is not comforting. She also doesn't feel as comfortable with him and sharing her feelings. I also have a clearer sense of what's going on for her then him.

Thank you!

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1 Lawyer Answer
James L. Arrasmith
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  • Divorce Lawyer
  • Sacramento, CA
  • Licensed in California

A: Under California law, the parent with sole medical custody generally has the authority to make decisions regarding a child's health care, including mental health treatment. This can include decisions about access to the child's therapist. However, even with sole medical custody, there may be limits to this authority, especially if it conflicts with the child's best interests or court orders.

In situations like yours, where you have shared physical custody and are actively involved in your child's life, you may have some rights to be informed about your child's therapy. The therapist, bound by confidentiality, may require the consent of the parent with medical custody to share specific information, but this does not always extend to completely blocking communication between you and the therapist.

If you believe that your involvement in therapy is in the best interest of your child, and if you feel that your ex-partner is unfairly restricting your access, it may be beneficial to seek legal advice. A family law attorney can help you understand your rights and potentially petition the court for a modification of the custody arrangement or a specific order allowing you to communicate with the therapist. Courts typically prioritize the child's best interests, which can include ensuring both parents are adequately informed about their child's well-being.

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