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Two parents disagree on child being placed on an ADD drug. This is being used as a pawn in child custody case.

San Diego, CA |

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/

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Attorney answers 2

Posted

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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Asker

Posted

So many problems with this....with so many sides affects, many which affect the brain many which are unknown for long term affects too ....to me it isnt life threatening if the child can learn without the drug then no one should force the child on the medicine. It really is taken away a parents rights when the safety of the child isnt at stake.Thank you for letting me how California handles things I was not looking to use the Michigan case as an example I was seeking California rulings...like in move aways lawyers refer to the Burgess case or La Masuga cases

Posted

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.

Asker

Posted

This falls right into play with my ex ...he doesnt want me to have any say with our child and has told meditaors that he will never negotiate he would rather leave his chances with the judge...he doesnt really care one way or another he just wants to make it where I cant have a say in our childs care.....should I tell the judge this its just my opinion and is the one who can take this statement and relate it to the history our case

Asker

Posted

I mean i know this is the facts but it will come across as my opinion to the judge. My ex has been fighting for sole custody for 9 years now every small issue he doesnt want to work with me and unless I bow down to him everything becomes a battle I hae tried to pick my battles with him. But I am a good parent even ths 730 says that and thus I have rights to raise my child I can compromise he cant even the 730 report shows that in our ability to get along the tests showed he was an 18 out or 20 and I was a 4 out of 20 ...the lower the number the better your ability to get along....should I bring that up to the judge too just keep adding layers to fight for my right to make decision in our childs care....I am dealing with a control freak someone who used to time my showers when I was married and if I didnt get out in 20 minutes he would yell and pound on the door

Sheryl Susan Graf

Sheryl Susan Graf

Posted

If one parent is more willing to share than the other, that is one of the factors that a judge can consider. My general advice is that you need to focus on what you believe is in your child's best interest (not on your ex's game plan), but again, you should consult with an attorney ASAP. A qualified attorney can assist you with both short- and long-term advocacy plans to assist you in getting the best possible outcome.

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