Medical neglect

E

Eph512mom

New Member
Jurisdiction
Tennessee
Son, 12
Father has full custody including medical decisions and educational decisions
I have every other weekend visitation

I have a pending petition for custody which I will certainly win filed back in March, but the courts here are shut down indefinitely it seems and even if they weren't it would probably be a year before we could get in front of a judge under normal process.

My son has what I believe to be a collapsed Sinus Tarsi, which causes excessive pronation and pain whenever he walks short distances. It needs to be confirmed via MRI and may require surgery to insert a stint into his ankle. Pain rated sometimes 7/10. The longer it goes on the more long term issues can develop.
Father lives and allows the child to live an extremely sedentary lifestyle so he's not even exposed the the child being in pain.

I noticed and sent the father a picture of the misalignment of my son's feet 6 months ago and have repeatedly asked him to get evaluated. He has neither done it or offered any communication about when he will be doing it. My son also hasn't seen a dentist in more than 2 years and has some symptoms of gum disease.

I am nearly certain that when this and other information presented at a normal hearing I will get full custody back. However, I'm wondering if there are any legal remedies that I can look to for now.... would this be something that would justify an emergency petition since the normal remedy is shut down? A complaint to CPS (though I really don't want them involved in our lives if I can help it.) Should I violate the court order and take him to see a doctor and get documentation that supports this being neglect?? Any ideas or thoughts are appreciated, as a parent or from a legal perspective. It breaks my heart to see my son not being cared for and being in pain, not being able to do the active things we love. It's affecting his mental health as well.
 
Eph512mom said:
Son, 12
Father has full custody including medical decisions and educational decisions
I have every other weekend visitation

I have a pending petition for custody which I will certainly win filed back in March, but the courts here are shut down indefinitely it seems and even if they weren't it would probably be a year before we could get in front of a judge under normal process.

My son has what I believe to be a collapsed Sinus Tarsi, which causes excessive pronation and pain whenever he walks short distances. It needs to be confirmed via MRI and may require surgery to insert a stint into his ankle. Pain rated sometimes 7/10. The longer it goes on the more long term issues can develop.
Father lives and allows the child to live an extremely sedentary lifestyle so he's not even exposed the the child being in pain.

I noticed and sent the father a picture of the misalignment of my son's feet 6 months ago and have repeatedly asked him to get evaluated. He has neither done it or offered any communication about when he will be doing it. My son also hasn't seen a dentist in more than 2 years and has some symptoms of gum disease.

I am nearly certain that when this and other information presented at a normal hearing I will get full custody back. However, I'm wondering if there are any legal remedies that I can look to for now.... would this be something that would justify an emergency petition since the normal remedy is shut down? A complaint to CPS (though I really don't want them involved in our lives if I can help it.) Should I violate the court order and take him to see a doctor and get documentation that supports this being neglect?? Any ideas or thoughts are appreciated, as a parent or from a legal perspective. It breaks my heart to see my son not being cared for and being in pain, not being able to do the active things we love. It's affecting his mental health as well.
Click to expand...
Why wasn't joint legal custody (decision making) ordered?

How did you determine that your son may have Sinus Tarsi?
 
Eph512mom said:
However, I'm wondering if there are any legal remedies that I can look to for now
Click to expand...

If you believe a child is being neglected, abused, mistreated, or even being underfed; you can contact the police.

The police will conduct a welfare check on the child which will result in the child being treated for whatever malady he/she suffers.

You can also contact the principal or counselor at the school the child attends, inform the school authorities of your suspicions, and the school will ensure your concerns are investigated.

You could contact your state's child protection agency, who will make contact with the custodial parent and check on the child's condition.

If your allegations prove true, the child will receive treatment promptly, and the state might even take custody of the child on an emergency basis, prompting emergency custody hearings.

In Case of an Emergency and Life-Threatening Situations Call: 9-1-1

Otherwise, you can call the Child Abuse Hotline to report child abuse or neglect in the State of Tennessee: 877-237-0004

Reports also can be made online on our secure site.

Direct link: Child Abuse Referral And Tracking

Our trained case managers will guide Hotline callers through a series of questions.

Callers do not have to know all the details of the abuse or neglect.

The Hotline case managers use the information you provide to determine the severity of the situation and how best to intervene to protect the child.
 
justblue said:
Why wasn't joint legal custody (decision making) ordered?

How did you determine that your son may have Sinus Tarsi?
Click to expand...

Joint decision making on medical decisions is because we disagree on vaccines that my son should be getting.... or at least that's what he said in court. We actually don't disagree. But that's another issue. He lies.

I didn't determine that... it can't be determined without an MRI. I'm not a doctor. I suspect that it may be that because of the pain he is experiencing and just looking at his feet compared to what they should look like. His ankle and leg are far out of alignment. He has pain when he walks for very long, and short walks he has now developed a significant limp...
 
Anonymous strangers on the internet (many of whom are not lawyers, and none of whom are family law attorneys in Tennessee) cannot intelligently answer your questions. You need to consult with someone local.
 
Eph512mom said:
I didn't determine that... it can't be determined without an MRI. I'm not a doctor. I suspect that it may be that because of the pain he is experiencing and just looking at his feet compared to what they should look like. His ankle and leg are far out of alignment. He has pain when he walks for very long, and short walks he has now developed a significant limp...
Click to expand...

Sure you did if no doctor told you it might be. There are literally hundreds of reasons that one would have pain as you describe.
 
Eph512mom said:
Son, 12
Father has full custody including medical decisions and educational decisions
I have every other weekend visitation

I have a pending petition for custody which I will certainly win filed back in March, but the courts here are shut down indefinitely it seems and even if they weren't it would probably be a year before we could get in front of a judge under normal process.

My son has what I believe to be a collapsed Sinus Tarsi, which causes excessive pronation and pain whenever he walks short distances. It needs to be confirmed via MRI and may require surgery to insert a stint into his ankle. Pain rated sometimes 7/10. The longer it goes on the more long term issues can develop.
Father lives and allows the child to live an extremely sedentary lifestyle so he's not even exposed the the child being in pain.

I noticed and sent the father a picture of the misalignment of my son's feet 6 months ago and have repeatedly asked him to get evaluated. He has neither done it or offered any communication about when he will be doing it. My son also hasn't seen a dentist in more than 2 years and has some symptoms of gum disease.

I am nearly certain that when this and other information presented at a normal hearing I will get full custody back. However, I'm wondering if there are any legal remedies that I can look to for now.... would this be something that would justify an emergency petition since the normal remedy is shut down? A complaint to CPS (though I really don't want them involved in our lives if I can help it.) Should I violate the court order and take him to see a doctor and get documentation that supports this being neglect?? Any ideas or thoughts are appreciated, as a parent or from a legal perspective. It breaks my heart to see my son not being cared for and being in pain, not being able to do the active things we love. It's affecting his mental health as well.
Click to expand...

Did you ever get a physician diagnosis of this Sinus Tarsi? Oh no you said it needs confirmed by MRI. So you don't have a diagnosis.

CPS isn't going to do anything especially if there's no obvious signs of neglect or abuse.


You should find a lawyer. Some do free consultations, find those lawyers to start with.
 

Share this page

Get a free case review from a lawyer
Back
Top