What rights do I have when it comes to deciding what medications my child takes? My son has ADHD and my ex and I disagree about what medication he needs to take. We have split custody and I am the primary parent.
I do not practice law in your state. Therefore, I cannot inform you as to the specific laws of your state and can only provide you with general tips on your situation.
In most states, including Wisconsin where I practice law, if parents have joint legal custody of a child, they must make major decisions together regarding that child. The decision to medicate a child for ADHD would be a major decision that you should make jointly with your ex.
If you and your ex are unable to reach an agreement on the issue, then you may want to obtain a second opinion from another doctor, participate in mediation to try to resolve the dispute, or file and action to have the court make a determination as to whether you should have the ability to make decisions regarding your child’s medical treatment without needing the approval of your ex.
You should meet with a domestic litigation attorney to discuss these, and other options will be beneficial to developing a plan for how to proceed.
Remember, I am unable to provide you with anything more than tips on your situation, so please consult a domestic litigation attorney in your area to obtain specific advice as to the laws in your state and how they impact your potential case.