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Tina, Lawyer
Category: Family Law
Satisfied Customers: 33167
Experience:  JD, 17 years legal experience including family law
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I have a question regarding child custody. I live in Virginia,

Customer Question

I have a question regarding child custody. I live in Virginia, and share legal custody of my son. Physical custody is not with me at this time. My question is this...can one party that shares legal custody make a unilateral decision regarding health care of the child? If not, then what options would i have, if they are attempting to do so?
Submitted: 2 years ago.
Category: Family Law
Expert:  Tina replied 2 years ago.
Hello and welcome.
My name is ***** ***** my goal is to provide you with excellent service today. I am sorry to hear of your difficult situation. Before I can give you an accurate answer to your question, please provide the following additional information:
What type of health issue is being addressed here? Is it something common or an extraordinary issue? What is the basis of your objection? The court's order was entered in VA?
I look forward to assisting you as soon as I have received this information. Thank you.
Customer: replied 2 years ago.
Yes, the order is in VA. This situation is one of many similar to it over time, and i am at the end of my rope with it.My ex-wife's grandmother has physical custody, and the three of us share legal custody. She has unilaterally decided that our 7 year old son has anger issues, and has made an appointment to take him to a psychiatrist. The only reason i found out, is that my ex-wife got the confirmation call from the office, and immediately called me to inform me of it. She also said that her grandmother stated that she does not need our consent to do so, nor inform us that she is taking him.My objection to it is that i am not sure a 7 year old needs psychiatric care. I am also concerned about what is yet another instance where my ex-wife's grandmother feels that she is able to make decisions alone, and feels that she does even have to tell us what is going on. It concerns me greatly about what else she could be hiding, in terms of our son's care and well-being.
Expert:  Tina replied 2 years ago.
I see. Thank you for sharing this additional information. It does sound like a rather complicated matter, but I would typically recommend contacting the doctor's office first and informing them that you have joint legal custody of the child and do not consent to treatment. I would also inform them of this in writing so you have proof of your objections.
You can also file a motion for order to show cause with the family court, seeking to have your ex held in contempt of court for violating the court's order of joint legal custody and/or seek to modify the order of custody granting you sole legal custody since the mother has shown she is not willing to work together with you toward the best interests of the child.
I hope this helps clarify the situation for you. My goal is to provide you with excellent service – if you feel you have received anything less, please reply back as I am happy to address follow-up questions. Kindly rate my service when I have answered your questions so I will be compensated for my time assisting you. Thank you!

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