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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 41220
Experience:  Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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My separated wife is going to take my children to a treatment

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My separated wife is going to take my children to a treatment center against my permission. She feels that they will be able to cure my children from autism at this center. The place is run by a chiroparactor and they have no data or proof that their treatment works. How can I stop my children from being treated at this center?
Thank you for your question.

Who has legal custody of the children at this time? Does she have it, or it is a joint custody situation?
Customer: replied 5 years ago.

We are not legally seperated. I do not live with my kids or my wife. So no one has been assigned legal custody.




In that situation you have very limited options. The reason is because both yourself and your wife are deemed to have joint 50/50 custody. Both of you can make legal decisions on behalf of the children, and unless the decision requires actually leaving the country, only one parent can make sure legal decisions on their behalf.

The only true way to stop your wife is to go via the courts and either pursue a temporary guardianship order with sole legal custody, or request a formal injunction (stay) on her decision until the courts can formally decide whether or not both parents have to consent. Until you do either of those options, she is free to enroll the child even over your objectives.

Good luck.

Edited by Dimitry Alexander Kaplun on 11/1/2010 at 4:04 AM EST
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