When your child needs therapy after divorce, you’re probably wondering who has to pay for it and who gets to choose the therapist. These questions come up all the time, and the answers aren’t always straightforward.

Courts typically see therapy as a medical expense that both parents share. How much each parent pays usually depends on your custody agreement and income. But money is just one piece of the puzzle.

The bigger question is often who decides if your child needs therapy in the first place. If one parent has sole legal custody, they make this call. If you share legal custody, you both need to agree on major medical decisions, including mental health treatment. When parents can’t agree, you might need a judge to step in.

At Blake & Pulsifer, PLC, our Tempe child custody lawyers know what courts look for when making these decisions, how to handle disagreements, and what you can do to make sure your child gets the support they need. Give us a call at 480-838-3000 and we can help you figure out your next steps.

Who Typically Pays for Child Therapy After Divorce?

Both parents usually share therapy costs, just like other medical expenses. The exact split depends on income, health insurance, and custody agreements.

Your divorce decree or separation agreement should include specific language about dividing medical and mental health expenses. If it doesn’t, state guidelines usually apply. Keep all therapy receipts and insurance statements, as you’ll need them to request reimbursement from your ex-spouse.

Who Makes Therapy Decisions?

Decision-making authority depends on your legal custody arrangement. If you have sole legal custody, you get to make all major decisions about the child’s health, education, and welfare. This means you’ll get to decide all the decisions about your child’s mental health, including whether or not to start therapy.

If you have joint legal custody, you must both agree on significant medical decisions. This includes:

  • Starting or stopping therapy
  • Choosing a therapist
  • Approving treatment approaches
  • Accessing therapy records

Joint legal custody requires communication and compromise. If you can’t agree, you may need mediation or court intervention.

When Parents Disagree About Therapy

Disagreements about child therapy after divorce happen frequently. Common conflicts include:

  • One parent thinks therapy is unnecessary: The parent who wants therapy for their child may need to document why it’s needed. School counselor recommendations, behavioral changes, or the child’s own requests can support your case.
  • Disputes over therapist selection: Parents might disagree about qualifications, approach, or location. Courts often favor therapists who specialize in divorce-related issues and remain neutral between parents.
  • Concerns about what’s discussed in therapy: Some parents worry the other will use therapy to influence the child. Most therapists understand this concern and maintain appropriate boundaries.
  • Payment disputes: When one parent refuses to pay their share, you can request reimbursement through your attorney or return to court for enforcement.

Collect written documentation from your child’s teachers, school counselor, pediatrician, or coaches about concerning behaviors or emotional changes. Keep your own detailed journal with dates and specific examples of issues like sleep problems, emotional outbursts, dropping grades, or your child asking for help. Courts want to see patterns over time from multiple sources, not just your opinion.

Red Flags That Require Action

Some situations demand immediate attention:

  • Your child expresses thoughts of self-harm
  • School performance drops dramatically
  • Behavioral problems escalate at home or school
  • Your ex-spouse blocks access to existing therapy
  • Insurance claims for therapy get mysteriously denied
  • The other parent coaches the child about what to say in therapy

In urgent situations, the parent recognizing the need can often start therapy immediately and address payment or decision-making authority afterward. Document the emergency circumstances that required quick action.

Can I Take My Child to Therapy Without Telling the Other Parent First?

If you have sole legal custody, you can start therapy without permission. With joint legal custody, you need the other parent’s agreement unless it’s a true emergency like threats of self-harm, disclosed abuse, or a mental health crisis. Taking a child to non-emergency therapy without required consent could violate your custody order and cause legal problems, so document any emergency circumstances carefully.

Getting Your Child Mental Health Treatment

Child therapy after divorce doesn’t have to become another battleground. You can absolutely advocate for your child’s mental health needs while still following Arizona custody laws.

If your current arrangement isn’t working, you can request modifications through the Arizona family court. Changes in circumstances, like a child’s increased mental health needs or a parent’s refusal to cooperate, may justify updating your custody order.

Contact Our Arizona Child Custody Lawyers Today

When questions arise about therapy decisions or payment responsibilities, you need a law firm on your side that can fight for your child’s access to mental health support. At Blake & Pulsifer, we can review your specific custody arrangement and guide you through any necessary legal steps.

Call us today at 480-838-3000 or fill out our confidential contact form to get started.