Is it illegal to put my child in behavioral therapy without letting his father know?

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Is it illegal to put my child in behavioral therapy without letting his father know?

My husband and I are currently getting divorced and our 13 year-old son is absolutely out of control. Everytime something goes bad and Itry to get his dad to support me with the discipline he will come pick him up and let him have his way. His dad talks very bad, nasty, vulgar and so on with him and are other older boys as well. He’s also very angry and not positive that he might be bi-polar or split personality. I’ve tried for months to get his dad to make him go to therapy but no such luck. On occasions he says he wants to die then says he;s kidding. If I tell dad he might disappear with him.

Asked on July 19, 2011 under Family Law, Florida

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

I am so sorry for your situation.  You and your husband have the same rights with regard to your son as to his custody and well being unless and until a Judge says otherwise or you agree otherwise in your divorce settlement.  If you believe that your son may be in some imminent harm in that he is a danger or threat to himself or to others then you can indeed act as a parent to have him treated.  It would not be illegal.  Now, I say that but in reality will your son go to the therapy or just alert his father that you have set it up and that will be the cue for him to come and get him again?  Your son is obviously acting out partly maybe because of the situation between you and your husband and partly because he is smart and knows Dad will rescue him from having to be disciplined.  If you do think that he may be bi-polar then speak with his pediatrician and explain what is going on.  Have the pediatrician make a written recommendation that you can follow.  Try and implement it. Take this to your attorney and let him or her deal with it as part of the divorce as well.  Once it is "out there" and brought to the attention of the judge it can not be ignored.  Good luck.


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