Powered by Avvo.com

Do i have to stop giving my son adhd medicine concerta if his dad disagrees?: My son is in 4th grade and has struggled with this from the beginning. The teachers were always concerned. Climbing under desks, running, wouldnt focus and things like that. Then 3rd grade hit and he started having more focus issues. So in the middle of 4th grade his grades were 20s,40s and couple 60s and 70s. He would always have to be moved in class. When he did homework he would cry he couldnt get it. He would have issues at home too. He was diagnosed with adhd and his dad told him not to take concerta because it causes heart failure. My son would take it in school because his father wouldnt give it to him. But my son decided he didnt want to take it anymore beause of his father. But the school said he can take the medicine until his father gets a court order. What can i do?

Asked 14 days ago in Child Custody

Steven’s answer: As stated in other responses, if this is a Michigan case and the parents are awarded joint legal custody, you will need to file a motion with the court to compel dad to provide the medication to your son during his parenting time with dad. If dad cannot be relied upon to give the medication, even after a court orders him to do so, you may need to file a motion to modify legal custody. You will need to provide evidence to the court from doctors, school personnel, etc as to why this prescription is in the best interest of your child. I strongly urge you to retain a family law attorney to help you in presenting your case to the court.

Answered 13 days ago.

How can I get custody of my son and move across country when his father has had nothing to do with him for 2 years?: We had a temporary 50/50 custody order in 2011, went to mediation and made an agreement. I broke both of those 2 years ago by keeping him and putting him in school with me. His father did nothing, has had nothing to do with him, has attended no school functions or helped any with school. We decided to move to Oregon to be with my family a better school, job, and support. His dad got an ex parte back to north Carolina. How can I prove it was in my sons best interest? what are my chances of getting him and living in Oregon?
and I had him in Tennessee for two years. wouldn't that be his home jurisdiction??
he will not let me talk to my son. And I don't trust that he can or will take care of him.
I absolutely know it was in my sons best interest. Better school, better job, loving supportive family that will watch him while I work, not a boyfriend or strangers. He was a changed kid up here, respectful and so much happier.

Asked 10 months ago in Child Custody

Steven’s answer: This is a highly complex set of facts. You will definitely need to retain an experienced family law attorney in the state that entered the most recent custody order. Generally speaking, if the parents are awarded joint legal custody, a party seeking to remove the child from the state that awarded joint custody must get the permission of the other party or file a motion seeking an order to permit relocation of the child. The fact that you didn't do this will definitely be a challenge in the pending litigation. It's hard to tell how long you've been gone from North Carolina without dad objecting, or how much parenting time he exercised when you lived in North Carolina. Depending on how long dad waited to enforce the custody order, these facts might be unfavorable to him. This case is a judge's nightmare because you have bad facts on each side. You didn't follow procedure, yet dad doesn't seem to care about the child. It's too bad, because it sounds like you had good facts in support of your decision to move, had you filed a motion requesting change of domicile at the beginning. Definitely seek out experienced legal counsel.

Answered 10 months ago.

Can a voluntary duly signed agreement by my ex about giving up on my kids sleeping arrangement because he was drunk wasted : We are divorced. Had a dual custody agreement. My ex used to have chemical/drinking dependency issues.
Which reappears after the divorce. When confronted, he voluntarily gave us the sleeping at his house, in return for me to keep silent and not tell his parents, after few months he refuse to honor his written agreement (one of my kid wrote me meesage that father is wasted and behave strangely
And to come and get them)

Asked 10 months ago in Divorce

Steven’s answer: In order for your written agreement to be enforceable by the court, it needs to be presented to the court in the form of a consent order, signed by both parents, modifying the parenting time provisions. Once signed by the court, if he fails to return the children at the conclusion of parenting time, you can file a motion to enforce the order. If he refuses to sign a consent order, you need to file a motion to modify the parenting time due to his substance abuse in the presence of the children. A motion for supervised parenting time might be a better idea pending dad completing counseling to clean up his act. You need to be proactive about this before CPS gets involved and charges you with failing to protect your children from a known danger.

Answered 10 months ago.