Note: The DearEsq free 'ask a lawyer' site is offered as a free informational service to the public and is not intended as legal advice. Laws vary from state-to-state, and in addition every situation is unique, and relevant facts may not be known. The answer to the question posed below may not apply to in your state or to your situation. For legal advice in your state and your situation you should consult with an attorney in your state who is familiar with the rules and laws in your state.
“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.
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