Allentown, PA asked in Child Custody and Family Law for New York

Q: Is it a violation of custody order if one parent purposely excludes the other parents info on therapy info forms?

Custody order states: BOTH parents share joint legal custody, one parent has residential custody. BOTH parties are entitled to access to the child’s medical, educational records and information, both parties are able to attend any medical/educational/religious/extra curricular activities for the child… “this court order serves as authorization of such access”.

I have petitioned the court for modification, the foundation of the issues is unilateral decisions from the other parent, inability to coparent or communicate at a minimum degree, monitors my child’s phone calls w/me-limits them to a few min or not at all, interferes w/my parenting time. has told the school/doctor and therapist that they are the sole legal guardian. I have provided the custody order as proof bc the other parent has also omitted that from the child’s records and I’m getting a lot of resistance to be able to be involved in my child’s life. High conflict situation, and what feels like extreme parental alienation.

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1 Lawyer Answer
Michael J Stachowski
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Answered
  • Divorce Lawyer
  • Buffalo, NY
  • Licensed in New York

A: This is a direct violation of the Support order. The seminal case Braiman v Braiman suggests Joint custody cannot lie where the parties cannot share joint decision making such doctors therapy mental health decisions . Her behavior can be grounds for exchange of custody. It’s clear she refuses to co-parent. Consult a good family lawyer with custody experience. You have many facts flowing in your favor .

Michael J Stachowski

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