Get Expert Family Law Article Advice from Jeffrey Leving on our Ask a Lawyer Topic Section on SingleDad. This weeks question is about mutual consent on medications prescribed to children.
Ask a Lawyer: Mutual Consent on Medications
Get Expert Family Law Article Advice from Jeffrey Leving on our Ask a Lawyer
Topic Section on SingleDad. This weeks question is about mutual consent on
medications prescribed to children. Fathers Rights and Child Custody question.
What are my rights when it comes to garding my child’s health when it comes
to prescription drugs? Is there any way to block my ex-wife from having our
daughter take stimulants without my consent? My ex-spouse has physical custody
but we share legal custody.
Answer from Jeffrey Leving:
Your important concern over your
child being placed on a regimen of prescribed "stimulants" shows that you are a
concerned dad. The drugging of children with unnecessarily prescribed
prescription drugs has reached epidemic proportions in the U.S. and is very
unfortunate. All too often parents fall into the trap of a pill for
Johnny when he is too excited, a pill for Johnny when he is not excited enough.
It is critical that you
understand whether you have a real joint custody agreement in substance, not
just form. If you have equal decision making rights in all of your child’s medical decisions, exercising those
legal rights can be crucial to safeguarding your child‘s best interests.
Your joint parenting agreement
likely has a mediation provision, but such a provision can cause unnecessary delay
in an emergency situation. If this is the case, you may want to immediately
file a motion to enjoin (stop) the drugging of your child.
It is likely that you will also
want to ask the court to have the child independently evaluated by a competent
psychiatrist who specializes in children’s behavioral issues. Often, these
issues become legally challenging and hiring the best attorney to represent you
is absolutely necessary. I applaud your actions as a concerned dad.
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