Divorce and custody related concerns can be challenging and stressful, particularly for children. Untying Knots Counseling, PLLC understands that we might be referred to help your child through the process of divorce or ongoing custody. Referrals might come from doctors, other counselors, lawyers, family court judges, amicus attorneys, friends, or family. Many different voices have a say in what happens in this process, while the person who matters most, the child, has a limited say in what happens to them. Ultimately, the providers at Untying Knots Counseling, PLLC understand the dynamic intersection of various considerations in this area.
Above all, the providers at Untying Knots Counseling, PLLC place emphasis on the therapeutic relationship with the minor client(s) being the primary focus of counseling. Minors are allowed the same level of confidentiality as adults, with issues of custody and divorce sometimes causing a violation of that trust. Sadly, children get caught in the middle, and it can have long-term, negative effects on the child. Your child's provider will not release the records of your child without the explicit consent of both parents, relative to the custody decree, or under court order in the matter of civil cases.
Within the limits of the custody decree, your provider will encourage all parties involved in the child's life to participate in the counseling process so long as the child can tolerate it. We understand there are challenges in relationships, but children should be given the opportunity to have a relationship with either of their parents and not involved in the issues related to the reasons for divorce. We also acknowledge that parental alienation exists, but it is not the position of the providers of Untying Knots Counseling, PLLC to prove this issue, which is why we encourage participation of all parties.
Another issue is related to the custody decree itself, including considerations such as standard position, sole custody, power of attorney, conservatorship, and executive versus independent rights to name a few. Your child's provider will make every attempt to contact both parents in relation to treatment of your child but also recognizes that sometimes treatment is necessary to help the child. Your provider can help you better understand your custody decree, as well as the providers own limitations in providing treatment without consent from both parents.
Additional information regarding custody related concerns: in times of crisis, treatment is necessary to mitigate more serious risks. There are laws that allow the child to receive intervention without the consenting parent. You can find additional information about consent for treatment below at the Texas Constitution and Statutes website. This website also contains information related to the prohibition of a therapist to be able to provide an opinion about where a child should live (section 104.008 of the family penal code).
Finally, understanding the need for medical necessity in order to provide treatment is important when considering whether to seek treatment. Your provider is required to assess for medical necessity through a variety of means, and they may not find a reasonable need for therapy at this time. Your child's provider can assist in answering questions related to these issues and more. Please keep in mind, the providers at Untying Knots Counseling, PLLC are the ones responsible for knowing laws and regulations related to their licensing and code of ethics.
Child Custody | Texas Law Help
Children's Bill of Rights in Divorce
Court Orders and Subpoenas | HHS.gov
Understanding and Proving Parental Alienation in Texas
Texas Constitution and Statutes (right to consent)
Texas Constitution and Statutes (section 104.008)
Fees related to custody:
Once served with a subpoena to appear, the base hourly rate for the court date will be a non-refundable $500 dollars per hour with a minimum of 4 hours ($2000.00) to appear in court, of which the 24-hour cancellation policy will apply. The $500 hourly rate will apply for any additional preparation time with attorney(s), investigators, court personnel, time printing or preparing records, clinician's time reviewing records, time spent traveling to and from the court, and all activities between departure for the appearance and return to the office. Mileage will also be charged at $0.65 per mile from the clinician's office to the court location. A contract will be signed at the start of any therapeutic relationship where custody related issues are of concern acknowledging payment to be made 24 hours in advance of the date of subpoena.