Can One Parent Send a Teen to Therapy Without the Other’s Consent?

When emotions are high and communication is strained between co-parents, it’s not uncommon for one parent to seek therapy for their teen without informing the other. But is it legal? And is it wise?

Let’s explore what Georgia law says—and how to handle these sensitive situations with care and clarity.

Legal Custody vs. Physical Custody: The Key Distinction

In Georgia, the right to make decisions about your child’s mental health care is tied to legal custody, not physical custody.

• Legal custody refers to the right to make major decisions for the child (e.g., education, religion, and medical care).
• Joint legal custody is common and means both parents must consult one another and agree on key decisions—including therapy.

If you are the sole legal custodian, you can generally make therapy decisions independently. But if legal custody is shared, both parents typically need to agree unless there’s a provision in the parenting plan giving one parent final decision-making authority on medical or psychological care.

What Happens if One Parent Goes Ahead Anyway?

If one parent sends a child to therapy without the other’s consent under joint legal custody, the other parent may:

• File a contempt motion for violating the court order
• Request a modification of custody if this behavior becomes a pattern
• Dispute the use of therapy notes in court proceedings (especially if they weren’t part of a shared decision)

This can lead to court battles, strain the co-parenting relationship, and, most importantly, put unnecessary stress on the child.

When Consent Might Not Be Required

There are exceptions. In some urgent situations—such as a mental health crisis or suspected abuse—a parent might seek immediate therapy or evaluation for the child and later inform the other parent or the court. However, this should be documented thoroughly and handled cautiously.

How to Navigate the Situation

1. Review your custody agreement. It likely spells out who has final decision-making power.
2. Have an open conversation. If both parents want what’s best for the child, a discussion with the therapist present can help ease concerns.
3. Put it in writing. If both parents agree to therapy, document that agreement for future reference.
4. Get legal guidance. If there’s conflict or uncertainty, a family law attorney can help you interpret your custody order and take the right next step.

Therapy Can Help—When It’s Handled Right

Therapy can be a powerful tool to support your teen through life changes like divorce. But when it’s introduced without transparency, it can turn into a legal and emotional battleground.

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📞Not sure how your parenting plan affects decision-making rights?

Schedule a consultation with us by calling 404-494-0027 or by visiting www.southatlantafamilylaw.com. We’re here to help you make the best choices for your child—and yourself.

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