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?
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.