Parent A wants to have child on meds the lowest dose is what the doctor would prescribe. Parent B is against the drugs and says the child doesnt need drugs just extra attention and other non drug remedies. Parent A wants judge to decide, taking away any opinion from Parent B. Parent B wants courts to stay out this decision. Either way this is not a life threatening medicine and both parents may have valid points, but how are courts handling this today in California. This isnt something for a judge to always decide are there any cases to cite as examples for Parent B to say the state doesn not have a right to order a child to be medicated in ADD especially at this low dose level? This is am extreme case in Michigan where mom is winning now. http://www.cchrint.org/2013/04/23/modern-day-heroes-detroit-mother-maryanne-godboldo-attorney-allison-folmar/
Real Estate Attorney
California does not follow the case law from other states. It may be cited as persuasive, but it is not controlling. The court can decide the medication issue based on input from the child's doctor. The court can appoint an attorney for the child. Or, in extreme circumstances, the court can refer the matter to CPS.
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Divorce / Separation Lawyer
Under California law, if the parents cannot agree on parenting issues regarding appropriate health, safety and general welfare issues, then the judge will be asked to make the decision. Both you and the other parent may present information concerning what you believe is in your child's best interests and why. The judge will look at a wide variety of factors in making his/her determination. In the wide range of human conditions, there are no easy "one size fits all" fixes -- what is best for one child may not work for another. The unfortunate reality is that the judge does not know your child as well as you and your ex, and while your judicial officer will do the best he or she can do with a limited amount of information in a limited period of time, it is not an ideal situation to ask a judge to supplant a parent's decision-making authority. I would encourage you to contact an experienced family law attorney to give you some specific advice based on your particular facts and circumstances. The information I have provided here is general in nature and is not intended to be specific legal advice nor to create an attorney/client relationship. I wish you and your child the best of luck for the future.
This information is general and should not be construed to be formal legal advice, nor the formation of a lawyer/client relationship.