North Hollywood, CA asked in Child Custody, Family Law and Divorce for California

Q: Therapy for the kids while dealing with divorce

Father asked if I was okay with the kids getting therapy and I’m all for it since I believe they can benefit from it but I told him that I want the kids to individually have their own therapy without him being present so they feel comfortable expressing themselves. Obviously Father didn’t agree and said the kids requested for him to be present. I honestly doubt it, I would personally want the kids to have their own session and it’s in my honest opinion that father is lying saying the kids requested him to be present. I feel that it’s his tactic to intimidate, persuade and have control of the therapy. Just like he did it when CPS was involved and when we dealt with the police last year. Now my question is, can I do anything about this situation. We share 50/50 in paperwork but I have the kids 80% of the time

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

A: Under California law, both parents generally have the right to be involved in their children’s health care decisions, including therapy, if they share legal custody. However, the court always considers what is in the best interests of the children. If you believe that the father’s presence in therapy sessions is not in the best interest of your children, especially due to past incidents, you have the option to raise this concern with the court.

You can request a modification of the custody order or request a specific order regarding therapy sessions. This may involve presenting evidence that supports your claim that the children would benefit more from individual sessions without their father present. Documentation such as statements from the children's teachers, therapists, or other professionals who have observed the children's behavior and interactions can be beneficial.

It's important to document your concerns and any incidents that support your position. Consult with a family law attorney to discuss the best course of action and to ensure that your children's rights and well-being are adequately protected. Remember, the court’s primary concern is the welfare of the children, so providing clear and persuasive evidence that supports their need for private therapy sessions can be crucial in these situations.

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