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Hello , father has been giving our child Concerta without consulting with me the mother violating a court order.

Temecula, CA |

Court order that we both have joint legal physical custody. We met with the doctor a year ago and I expressed my opposition to this drug and we agreed on Daytrana a patch. Father now switched his medicine and didnt tell me. I only know because our 11 year son told me. Dad right now has our child during school week while we are in middle of a custody move away situation.But our joint legal physical hasnt changed. Father has a long history of taking unlitateral decsions on medical issues and I express my dislike but try to turn the other cheek. But I had it Concerta has dangerous side affects....I want to since this is a federal controlled drug can I take this to a level outside of family court maybe criminal and really hold his feet to the fire to know he has gone too far this time? Sigh..

I meant to write "I would like to "know" since this is a federal controlled drug can I take this to a level outside of family court maybe criminal and really hold his feet to the fire to know he has gone too far this time? Sigh.. Are they more levels of legal violations with the drug being given without legal right to....sure the doctor wrote the prescription but father knows the court order. At the same time in current custody case father wrote declarations where he asking for sole legal custody to make all medical and school decsions....he is acting like he already got this approved he hasnt!!

Attorney Answers 3


  1. See Family Code Section 3083 and read the Child Custody Order to see if it specifies that consent of both parties is required for medical or medication decisions.

    Please note that this answer does not constitute legal advice, and should not be relied on, as each situation is fact specific, and it is not possible to evaluate a legal problem without a comprehensive consultation and review of all the facts and court pleadings filed in the case. This answer does not create an attorney-client relationship.


  2. I have just read an appellate brief that would curl your hair, The child has ADD and Dad sounds God awful-- the kid fell 4 stories under his care--and there has been HUGE fight over medical issues. Why am I telling you this? Be cause you REALLY need to mediate this. yes I know I k now it seems impossible--but there are (thankfully) a few attorneys who SPECIALIZE in these difficult cases. Litigation tends to spiral out of control and both sides become MORE entrenched. PLEASE believe me when I tell you fighting is counterproductive.

    Ms. Straus (aka Carroll) may be reached at 800-400-8978 during regular business hours, Pacific Time, or anytime by email at: ECSEsquire@AOL.com. All of Ms. Straus’ responses to questions posted on Avvo are intended as helpful information based upon the facts stated in the question, and are not to be relied upon as a final legal opinion. It may not be what you wished to hear, and it does not create an attorney-client relationship. Ms. Straus is licensed to practice law in California. If you would like to obtain specific legal advice about this issue, you must contact an attorney who is licensed to practice law in your state, and retain him or her. Me Straus provides “unbundled” services if you need specific assistance with a specific issue.


  3. I agree with my colleagues, Donald and Edna on this case. Fighting with him most likely is not going to solve your problems and if it does, it will cost a lot. I recommend mediation and reconciliation.

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