Custody

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FAMILY LAW (California) by Richard S. Leslie J.D.

One of the most important things for practitioners to know about family law involves the issue of child custody. More specifically, it is important to know the difference between physical custody and legal custody (or terms of similar import), since this will generally determine which parent has the legal authority to consent to the treatment of a child or access a child’s treatment records, which parent is authorized to make the decisions regarding the health, education, and welfare of the child, or whether the consent of both parents will be required in order to commence treatment. It is often wise and sometimes necessary to ask a parent to provide the practitioner with a copy of the most recent court order regarding child custody/visitation and to check with that parent’s attorney if there are any questions, ambiguities, or suspicions.

What if the parents share legal custody (e.g., joint legal custody) and one of the parents demands that treatment of the 12 year old child/patient cease? May the practitioner lawfully continue to treat with the consent of just one of the parents if the practitioner believes that treatment is essential to the child’s mental health? Should the practitioner continue to treat the minor with the consent of just one of the parents? Are there any risks if the practitioner complies with one parent’s demand that treatment of the child ceases forthwith? If both parents initially consented to the treatment of the minor, must both parents request/demand a termination in order for the practitioner to cease treatment? The answers to these questions necessarily depend upon state law and upon laws that pertain to the right of a child (in this case, a child who is 12 or older) to consent to mental health care.