Family Law Questions? Ask a Family Lawyer Online.
Hello, how are you today?
So you are wondering if a father can (1) deny permission for his daughter to see a counselor, and (2) is it a violation of his parental rights for the counselor to treat over his objection?
Generally speaking, legal custody, if it is a true joint situation, requires you consult with the other parent before a decision is made regarding treatment of that kind. A true joint legal custody arrangement is a 50% split, and any parenting decisions involving the treatment of the child requires that both parents consent to the treatment by the counselor. It is technically a violation of the objecting parents legal rights for treatment to ensue after the parent objects. With that being said, it is a matter in this circumstance of what the remedy in an action by you to assert your rights might be. In order to enforce the joint legal custody arrangement, you will have to file a petition with the court to show cause or a petition for contempt, which is an action by you as the parent to the court to make the mother abide by the custody decree.
You could file the action in the county where it was entered in Michigan, or you could consult an attorney to send the mother a letter informing her that she is in breach of your legal custody rights, and that if it happens again, legal action will be pursued to enforce the custody decree and to find her in contempt.
If that answers your quesitons please remember to provide a positive rating prior to exiting the chat by selecting the smiley face so that I can be credited for our time together