Child Custody, I need help!

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catnat0305

New Member
Pennsylvania

My ex and I have a custody agreement that says we have 50/50 custody of my 5 year old daughter. She just started kindergarten and I was going to let him register her in his school district, but 19 days before school started I called his school and they said she was never registered. I then took it into my own hands and registered her in my school district.

Her father and I still have the custody agreement, but we don't follow it because of her being in school now. Her father usually gets her on the weekends and I keep her during the week.

My daughter just recently was diagnosed with ADHD and has a prescription to take.

Her father never comes to pick her up on the weekend it is always his girlfriend that picks her up, so I explain everything to her, as far as her homework, medication, and bedtime.

This past weekend I gave his girlfriend 2 pills for my daughter. I explained to her that she needs to take one pill every morning and that the pills were for her ADHD, they were in a clear bottle so I didn't have to give them the whole bottle of pills.

When my daughter came home on Sunday, I found out that they didn't give her the pills and I called her father to find out why. He told me he didn't feel that she needed the pills. I told him they are a prescription and you can't just decide when to give them to her, she needs them everyday or else they won't work. He told me that he won't give them to her and doesn't know why she even needs them. I explained to him that they were prescibed to her for ADHD and she needed them because she is hyperactive and can't stay on track in school and doesn't get her tasks done on time. Her father responded by telling me that maybe she needs to be moved into first grade then. I responded by telling him he was a moron because she doesn't even know her letters and numbers yet so how can she go to first grade.

When he is supposed to have her on the weekends, his girlfriend takes her instead. He works Friday night and sleeps all day Saturday, and Sunday he plays football with his friends, while his girlfriend takes my daughter.

My point is he refuses to give my daughter her prescription medication, refuses to do her homework with her, and his girlfriend has her all weekend when it is his time to spend with her.

So, I guess my question is: Is there anyway legally that I could keep my daughter from him on the weekend since he refuses to give her, her prescription medication, since we haven't been following the custody agreement anyway?

Can someone please try to help me here?
 
Does he have joint legal custody of your daughter? If so, I believe he should have been involved in the ADHD diagnosis process, especially since it seems that he also spent a significant amount of time with her prior to kindergarten. As a part of the diagnosis, he should have filled out the Connors scale as well.

Frankly, I'm surprised that a child in kindergarten has been diagnosed with ADHD in such a short time. I realize that some children can be identified at such a young age, but their symptoms would have been clearly evident at a much younger age. Was your daughter in preschool? Is the diagnosis based on her performance in the first 2 months of kindergarten? Who diagnosed the ADHD?

If your ex has joint legal custody, then he can contest this medical treatment because he had a right to be involved.

As far as the school registration goes, what are the requirements in PA? IMO, he wasn't negligent by not registering your daughter 19 days before school starts. Generally, schools admit qualified students whenever they are registered, even if it's the first day of school or the 10th day of school. What difference did it make whether it was the day before school starts or the 19th day before school starts?
 
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