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Can a custodial parent medicate their child for ADHD if the other parent opposes?

Discussion in 'Other Family Law Matters' started by Cheryl Wentworth, May 3, 2019.

  1. Cheryl Wentworth

    Cheryl Wentworth Law Topic Starter New Member

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    Jurisdiction:
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    My daughter is the custodial parent of a 12 year old son and dad has him every other weekend and half of the summer. My grandson has struggled in school since kindergarten. He was held back in 1st grade but continues to struggle and is currently in the 6th grade. He is failing all his classes even with extra assistance at school, modified work, and a private tutor a couple of times per week. He has been diagnosed 5 times by different doctor's and psychiatrist's over the years but dad still refuses to believe that his son has ADHD and is adamant about not medicating him. Can my daughter, as the custodial parent, go against her son's dad and medicate their son?
     
  2. Tax Counsel

    Tax Counsel Active Member

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    That depends on the court orders that are in place between her and the father. Those orders should specify how decision making is done. If she's not sure what she can do after reading the orders she ought to contact a family law attorney to review them and tell her what input, if any, dad has on this.
     
    Cheryl Wentworth likes this.
  3. Cheryl Wentworth

    Cheryl Wentworth Law Topic Starter New Member

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    Thank you for responding. I will have my daughter seek the advice of an attorney.
     
  4. zddoodah

    zddoodah Well-Known Member

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    If your reference to your daughter as "the custodial parent" means that she has sole legal custody (as set forth in Cal. Family Code section 3006), then the answer to your question is yes. If your daughter has any uncertainty, she should consult with the lawyer who represented her in obtaining her divorce or the custody order.
     
  5. Zigner

    Zigner Well-Known Member

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    While true, it is very unlikely here in CA that the daughter has sole legal custody. Joint legal is much more common. It's unfortunate that we really don't know, but I would think that the OP would have mentioned it.
     

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