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RobertJDFL
RobertJDFL, Lawyer
Category: Family Law
Satisfied Customers: 12854
Experience:  Experienced in multiple areas of the law.
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My question is can my ex-boyfriend who has temporary guardianship

Customer Question

My question is can my ex-boyfriend who has temporary guardianship of my biological daughter not his biological daughter not his adoptive daughter can he take her to a therapist without my consent? He has temporary guardianship while I go through an intensive outpatient 4 alcohol and I'm almost through with my program it's taken seven months he wants to take my daughter to therapy about an issue between her and her friends at school and other things can he do that legally without my consent also take her to a therapist that I do not like and think is not properly trained to counsel my daughter.
Submitted: 11 months ago.
Category: Family Law
Expert:  RobertJDFL replied 11 months ago.
Thank you for using Just Answer. I look forward to assisting you. Yes he can. A person appointed as guardian of the person for a child has the same duties, rights, and responsibilities of an actual parent. As such, they are responsible for obtaining medical care for the child, and can get a child counseling or other mental health services if they believe the child would benefit from them. Absent a court order, however, they could not place the child into a mental health facility.
Customer: replied 11 months ago.
How can I pull his guardianship although it was not placed he did not get guardianship by the courts it was the suggestion of a 730 evaluator that I go into treatment and he take care of my daughter and our daughter together a 6 year old female while I was in treatment so how can I pull my biological daughter back with me now that I am out of treatment
Expert:  RobertJDFL replied 11 months ago.
So there's no court order regarding guardianship? I ask because A child custody evaluator is appointed by the court who makes a recommendation, which a court can adopt or not (but often will, or at least may adopt part of). If there's no court order then you can simply insist upon return of your daughter. He has no legal rights to her, and if he refuses to give her back, call the authorities. If there is a guardianship order, however, then you would have to petition the court to terminate the order, and the court would have to decide what is in the best interest of the child.

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