Our divorce was official two years ago and was handled via collaborative divorce (not through the courts). We have 50/50 custody arrangement. If our 14 year old son starts counseling, I am wondering whether I need to report that to his father right away. My concern is that there could potentially be sexual abuse (from his father) in the past that his father may try to coach him on if I tell him our son is starting counseling.
Generally, joint/equal legal custody will require that all major decisions involving the minor child (this would include enrollment in counseling/therapy or other mental health care), to be mutually agreed upon in advance prior to the decision being made.
If you did not inform the father of the enrollment in therapy, then the father may be able to sue you for breach of contract or file a show cause/contempt motion against you, depending on how the settlement terms were entered. You may or may not have a viable defense regarding the sexual abuse.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
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