questions & answers

Question: Hello in a divorce decree where both parents have legal decision-making if a child needs mental health treatment or counseling and the father continues to refuse to sign off on a consent or refuses to allow the child to receive any treatment, can a judge intervene and file an emergency order without the fathers consent so the daughter can receive the needed treatment.

Answer: You, of course, have the right to go back to court and request a modification of the legal decision-making order.  Arizona Revised Statutes, Section 25-411 allows for motions to modify legal decision-making orders when more than a year has elapsed from the date of the original order.  If it is less than a year, the statute requires an affidavit that a modification is needed to prevent endangering the child's physical, mental, or emotional health.  If you file for a modification, you can request temporary orders to allow the counseling.  It may be in your child's interests for you to discuss the case with a lawyer who can advise you on the fastest and most effective course of action.  There are 3 programs in Arizona that you can use to get some inexpensive legal advice and guidance.  One is the Modest Means Program.  If you are financially qualified for the program, for a $75 fee, Modest Means offers a one hour consult with an attorney.  If you need additional help and the attorney agrees to take your case, the fee charged will not exceed $75 per hour.  The telephone number is (866)637-5341.  Both the Maricopa and Pima County Bar Associations have lawyer referral programs that offer a 30 minute consult with an experienced attorney.  Maricopa County's Lawyer Referral Service offers a 30 minute consult for a fee of $40.  The telephone number is (602) 257-4434.  Pima County's Lawyer Referral Service offers a 30 minute consultation for a fee of $35.  The telephone number is (520) 623-4625. If you do  not have sufficient money to pay for a reduced fee consult, you can go elsewhere on this website and apply to see if you qualify for a free lawyer.  Go to http://www.azlawhelp.org/accesstojustice.cfm