Confidentiality of child counseling/therapy

[proud_parent]

So, if she thinks their daughter should go and properly notifies her ex of the specifics, she would be in the clear?

Not necessarily; it depends on your sister's custody status. You described her as the NCP...does this mean that she is possessory conservator only? Or is she joint managing conservator (along with the child's father)?

Texas Family Code §153.132 states that a sole managing conservator (CP) has all the rights listed in §153.073 (see my previous post), PLUS the right to consent to medical treatment involving invasive procedure as well as the right to consent to psychological or psychiatric treatment of a child (unless limited by a court order).

§153.074 states that a possessory conservator (NCP) has the rights listed in §153.073, PLUS the duty to provide only medical and dental care not involving invasive procedures (again, unless limited by a court order).

So if the father is SMC and your sister is PC, sister could get in hot water for arranging psychological treatment for her daughter, even if she notifies the father of the specifics.

If both are joint managing conservators, your sister would still be wise to seek the father's consent prior to treatment, rather than simply notifying him of the specifics -- even if that is all that is legally required. Whether or not he does agree, she should be mindful of scheduling daughter's appointments on her own parenting time.

 

[proud_parent]

Sorry for being a dolt...I see now where you stated they have joint legal.

That being the case, I'd still urge her to take the high road and try to get his cooperation/consent before she schedules daughter for therapy. It may not be necessary from a legal standpoint, but sincere attempts to get the father on board could go a long way toward bolstering the successfulness of treatment.

I would also advise your sister to ask for recommendations before selecting a therapist; this is especially important when there is ongoing litigation (or threat of future litigation). When my husband was seeking a counselor for my step-daughter, we both consulted with professionals we had worked with for a recommendation, being very candid that the person selected might be called upon to testify in a custody modification action. Happily, the same therapist was recommended as both "teriffic at helping children of divorce" and "solid and credible on the witness stand", so the decision of which counselor to choose was an easy one for him.

 

[wileybunch]

He is very careful to say "I will let her go" but then he throws things out there like, you can't see the therapist without me present, I want the dr to call etc me with all info and not for you to relay it to me.

Uh yeah, but if the child needs counseling, Dad doesn't need to be there except to work on issues with Dad. So this idea he can be there in every session .... he'll get a rude awakening! Husband has taken his 12yo to several sessions. The first was together which was appropriate for the daughter's sake (though I'm sure there are cases where it's best child goes in alone) and then they have maybe met together one more time, but each time she has her own session and Dad never pries or needs to know what goes on, doesn't try to feel out counselor or interrogate daughter. Daughter seems to be deriving benefit from the counseling which is what it's there for in the first place. To OP, I can see why your sister may be a little concerned b/c parents that are alienating love to exploit any tidbit they can, coming from the child's mouth even better, but that would be so inappropriate for a counselor to ever disclose that to Dad. If anything, the counselor should request your sister be in a session WITH her child to work out any issues the child feels they have that makes them feel that way. The counselor is not a tattletale vehicle for the sake of tattling like a parent may want, they are there to help a situation, teach coping and communication techniques, etc. If the counselor is well respected, I don't think your sister should fear counseling for her child.