Who Decides The Meds A Child Takes When Custody Is Split?

medications Question:

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.

Wisconsin divorce lawyer Anne Scipior
Wisconsin divorce lawyer Anne Scipior

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.

To arrange an initial consultation to discuss divorce rights for men with a Cordell & Cordell attorney, including Wisconsin divorce lawyer Anne Scipior, contact Cordell & Cordell.

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