Question:
My ex and I have shared custody our four- and nine-year-old daughters. In the divorce decree, it states that all medical decisions are to be made by both parents.
I found out that my nine-year-old daughter was recently put on Adderall without my say or knowledge. I immediately researched the drug and found it had many dangerous side effects.
I feel that it would be best for this daughter to live with me. I work full time, have a home and can afford a regular babysitter as well. Is it possible for me to become the residential parent for my daughter? Could I even get full custody in this situation?
Answer:
I do not practice law in your state. Therefore, I cannot inform you as to the specific laws of that state and can only provide you with general tips on divorce.
You should contact an attorney licensed to practice in your state immediately to pursue a modification case, or possibly a contempt case for failure to follow the parenting plan.
In many states, two of the factors used to determine child custody are the ability and willingness of parents to actively perform their functions as mother and father for the needs of the child, and the wishes of the child. However, these factors are not afforded any specific weight, and the younger the child, the less likely the court is going to simply allow them to choose which parent they will live with.
This information is a bit limited, and there are many factors that go into a judge’s custody decision. Additionally, with medication concerns, if the parties disagree and a doctor testifies to a medical need, the court tends to agree with doctors unless they can be discredited.
You should contact an attorney in your area immediately if you need additional information or legal representation, as most parties in modification cases do.
Remember, I am unable to provide you with anything more than divorce tips for men, so please consult a domestic litigation attorney in your area to obtain specific advice as to the laws in Ohio and how they impact your potential case.
To arrange an initial consultation to discuss divorce rights for men with a Cordell & Cordell attorney, including Missouri divorce lawyer William Halaz, contact Cordell & Cordell.
The short answer is almost nothing. The legal system is stacked against the dad in the case you just described. I went through the same thing with my son. I ended up filing a complaint against the doctor with the medical board since he will not be able to write prescriptions for the child while being investigated. However if you have a psycho ex like me she will take it to court and try to have you locked up for violating her parental rights. However there is an obscure law on the books where you cannot be punished for reporting what you think is a dangerous situation in ga .That’s how I stayed out of jail. The medical board will not rule against the doctor but it will throw up a roadblock in the medication issue until she can find a new doctor to continue the medication. My advice is be careful whatever you do always remember the law is on the mothers side not yours.
NOT an attorney / Just another Dad Getting no Answers.
I am not an attorney just a dad.
I have been a paramedic for over 20 years. Adderall, like all most other medications for ADHA all have side effects. One of the biggest side effects is addiction, as in most of these medication.
Metadate also has a long list of side effects, yet maybe one of the least addictive medication. My girlfriends daughter, now 13, has been taking Metadate since she was 8. We have, to this day, never had any problems.
Anything regarding the welfare of your children you should be made aware.
If this medication was for some type of illness and prescribed by a physician. You have the right to know, especially if it in your divorce decree and you have joint legal custody.
If the child was over medicate?
It now becomes a child endangerment issue and DCS may get involved or be able to assist you. But be very careful looking for assistance from any DCS agency.
I fight the battle almost weekly with my ex not telling me about activities or school events involving my 3 boys.
Her response: : What they do with me (my ex) is none of your business!!”
I agree, but if it is actives, school events, or anything involving the welfare of my boys. We have joint legal custody and I need to be informed. It is a grey area of law in Massachusetts with joint legal custody.
Don’t you think if I wasn’t working to support her lazy ass, I would want to be there for my boys.
Sorry for the last comment. But this issue hit a nerve for me.
Hope everything work out for your. Your best defense is to contact an attorney. However, I am not a big fan of them. Most divorce attorneys see a gold mine in probate and drag things out to soak their clients.