Custody & Court Involvement Policy for Minors

Therapy for your child is meant to support their wellbeing. It is not a way to gather evidence, opinions, or testimony for a court case. This policy applies to every client under 18 and is part of the Custody & Consent form you sign before the first session.

Active Custody Disputes

I do not provide therapy to a minor when a custody, conservatorship, possession, or access dispute between parents or guardians is pending, being considered, or reasonably expected. This includes a parent who has talked with an attorney about filing or who wants to change an existing order. If your family is in that situation, a court-appointed child custody evaluator is the right professional, and I am glad to give referrals.

If a dispute begins after treatment has started, please tell me right away. I may end treatment and help your child transition to a provider who works with court-involved families.

Custody Orders and Consent

Texas rules require me to obtain and review a current copy of any custody order or agreement naming your child, along with any relevant part of the divorce decree, before counseling begins (22 TAC §681.35(c)). Before your child's first session, I need:

• A complete, current, judge-signed copy of every order or decree that names your child, including temporary orders and modifications.
• Contact information for both parents or all conservators.
• Consent from each parent or conservator who holds the right to consent to psychological treatment, as stated in the order.

The order's wording, not the possession schedule, decides who may consent. No session is scheduled until these documents are received and reviewed. If an order is withheld or misrepresented, services may end immediately.

No Custody Opinions or Letters

I am a treating therapist, not a custody evaluator. Texas rules do not allow a licensed counselor to give an opinion or recommendation about conservatorship, possession, or access to a child unless they conducted a court-ordered child custody evaluation (22 TAC §681.53(g)). That means I will not:

• Write letters to a court, attorney, amicus attorney, or guardian ad litem supporting either parent
• Give opinions about either parent's fitness, character, or parenting
• Recommend custody arrangements, visitation schedules, supervised visits, or relocation

I usually hear one parent's account and have not assessed the other parent. What a parent shares about the other parent is recorded as that parent's report, not as verified fact.

Subpoenas and Court Involvement

By signing the consent form, you agree not to subpoena me or my records, or ask an attorney to do so, in any custody, divorce, or family-law matter. Court involvement can damage a child's trust in therapy, and a child who learns their sessions were used in court may stop speaking openly.

If I receive a subpoena or records request anyway:

• I will notify the parents or conservators.
• I will release records only with a valid authorization or court order, as Texas law and HIPAA require. An attorney's subpoena alone is not enough.
• I may consult my own attorney and may ask the court to quash or limit the subpoena.
• If I am required to testify, I will speak only as a fact witness about what I observed and documented. I will not give opinions about custody or either parent.

Fees for Court Involvement

If I am drawn into a legal matter, reasonable fees apply, whichever party requests my involvement. The parent or parents who sign the consent form are responsible for these fees during and after treatment. Insurance does not cover them.

A court appearance cancelled with less than 72 hours' notice forfeits the retainer.

Questions? Let's Talk First

If you have questions about this policy or are unsure whether it applies to your family, please call me before scheduling. I'm happy to talk it through with you.

Call or text 346-662-3901

You can also email therapist@ckerstenlpc.com.

Christi Kersten, MA, LPC-S · Ardent Grace Counseling · Tomball, Texas