Custody & Kidnapping

In general, joint custody can be structured in many different ways. Generally, in many situations, when parents have joint legal custody, it means that the parents need to consult with each other regarding major issues such as health, education and religion and come to a consensus about what to do. More minor decisions that arise when the child is at the parent’s house (such as what the child should eat, wear, bedtime, etc.) are often able to be made solely by the parent who is caring for the child at that time. In situations where the joint custody order expects the parents to discuss issues and come to an agreement, the order may specify as to what the parents can do if the parents cannot agree on one decision - for example, going to a mediator, or a parenting coordinator within the court (if the state has one), or some other manner to resolve disputes.

If one parent feels that the other parent has violated the joint legal custody order by making a unilateral decision regarding health, education, religion, etc., that the other parent disagrees with, the parent who believes the order was violated may choose to file a violation petition in court to ask that the other parent be held in contempt. It’s also possible that a parent’s failure to adhere to the joint custody order may be a reason that a parent may file in court to modify the order.

I cannot say whether or not putting your child in counseling during the other parent’s time would violate your joint custody order since I cannot analyze specific situations nor give advice. However, if you show your order to a lawyer in your state who specializes in custody matters, s/he should be able to advise you as to whether it’s a violation and let you know what options you may have. Here is a link for lawyers, some of which are free or low-cost: LINK Also, in case it’s useful, here are links to some information about custody in STATE: LINK