“My 17-year old daughter decided 6 months ago that she preferred to reside at her father’s house. At the time that we were legally divorced, in 1991, it was agreed that we would have joint legal custody and I was awarded physical custody. My ex-husband wants to put my daughter in a drug recovery program. Does he need my consent?”

The more important question here is why would you withhold consent, even if he needed it (which, if push came to shove, he probably would not)?

Even if in your state your ex would ordinarily need your consent because you technically have physical custody, the reality is that your daughter has been in his physical custody for the past six months, she’s less than a year away from turning eighteen, and if your ex husband took you to court over the issue, there is not a court in the country which would not approve teen drug rehab for a teen in trouble, whether the other parent agreed or not.

Recommended reading:
Mom's House, Dad's House: Making Two Homes for Your Child


Anne P. Mitchell, Esq. is a noted family law expert, Internet law expert, and Professor of Law at Lincoln Law School of San Jose. She is the author of "Surviving Divorce: the Single Father's Guide" and "The Email Deliverability Handbook" Contact This Author

State laws vary, and the above is intended as general advice, and not direct legal advice regarding any one particular situation in any one state. For direct personal legal advice related to your own situation you should consult an attorney familiar with the laws of your state and with your situation.