QUESTION

What can I do to get my daughter into counseling in while I file for custody?

Asked on Jan 05th, 2014 on Child Custody - Texas
More details to this question:
My daughter is 11. She has voiced many times that she would like to spend more time with me. Sometimes I ask and it's not a problem, other times I ask and there are plans, which is fine but I want more time and so does she. That isn't going to be based on what her father and step mom feel that day. There is also a concern for my daughters mental health. Her fraternal grandmother is being refused time and I have eleven hours a week. There was a family feud between the two of them because my daughter went to her grandmother crying about something and then was verbally attacked by her own son. I'm aware of his temper and have consoled my daughter on many different occasions about her father and step mom. I don't know if what I can do as her mother to get her in to counseling because they have flat out refused it for her and them selves. His mother is equally scared to even mention it for fear of further "punishment" because that is what he does. He will make decisions to interfere with the little time that is allotted for both me and his own mother. His mother feels like its the step mother but he allows it to happen.
Report Abuse

5 ANSWERS

You need to file for a modification of custody, and also request the counseling as part of the modification. You should also file for emergency mediation.
Answered on Jan 14th, 2014 at 12:26 PM

Report Abuse
Commercial Contracts Attorney serving Boise, ID at Peters Law, PLLC
Update Your Profile
You have to go to court and ask the judge to order the counseling.
Answered on Jan 09th, 2014 at 4:19 AM

Report Abuse
Domestic Relations Attorney serving Omaha, NE at Diane L. Berger
Update Your Profile
When you file for custody, file a Motion asking that the court allow the child to be placed in counseling.
Answered on Jan 09th, 2014 at 4:18 AM

Report Abuse
Appellate Attorney serving Grosse Pointe Farms, MI at Musilli Brennan Associates, PLLC
Update Your Profile
You need a good and experienced attorney to sort this out.
Answered on Jan 09th, 2014 at 4:18 AM

Report Abuse
Personal Injury Attorney serving San Antonio, TX at Law Offices of James P. Peterson
Update Your Profile
If your order allows you to make health care decisions, then you can take her to a counselor during your periods of possession. If the father has the right to make health care decisions as his exclusive right, then you would have to go back to court and modify the order to require counseling. While you are there it sounds like you need to modify the order to get more visitation. When the child is 12 then she is old enough that the court will listen to her decisions regarding visitation and custody.
Answered on Jan 09th, 2014 at 4:17 AM

Report Abuse

Ask a Lawyer

Consumers can use this platform to pose legal questions to real lawyers and receive free insights.

Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.

0 out of 150 characters