My boyfriend and his ex have been divorced for going on four years now, they have a five year old together and they are joint managing conservators. In the divorce decree it states that they each have the independent right to have the child seen by a doctor and consent to medical treatment. His son has had a horrible cough so we took him to see a doctor in his PCP's office, she said he had post nasal drip but gave him a cough medication due to the severe cough he had. She told us to stop giving him any allergy meds and to only give the prescribed med "when needed." When we got him back after being with her for three days he still had the horrible cough, which seems to be getting worse (she said it was gone). She believes in holistic and crystal healing and refuses to give his medicine.He is coughing to the point where he's gagging and can't breathe, she's saying the cough is not bad enough to need the medicine, so she had been treating him with essential oils. She is not telling my boyfriend not to treat him how he feels is best, but we're worried that he is going to keep getting worse because he is not getting the medicine when he is with her. If he does we are planning to take him back to the doctor to get treated again.
The father needs to file to modify the parent child relationship orders and probably seek temporary orders. He needs to consult with fsmiky counsel. Medical evidence and records may be needed.
Your boyfriend may need to file a Petition to Modify the current custody order to not allow mom to have possession of the child when the child is taking prescribed medication. Make sure he takes the child to the doctor after being with mom so there is documentation.
Ms. Laster practices in Dalla
If the child is being harmed because the parent is not doing the right thing then the current visitation and rights & duties can be modified.
The burden is on the non-custodial parent to prove why things should be changed. This is not easy to do. However, if the doctor states that the child was harmed or endangered the current documents can be modified.
You need a tough, smart experienced family law attorney to help you.
Fran Brochstein has been a licensed Texas attorney over 24 years & has an active mediation practice. She also accepts a limited number of uncontested family law cases in Harris County at a flat-rate price. If you found this answer "helpful" or "best answer", please select the button to show your appreciation. Please understand that Fran's reply to your question in no way creates an attorney-client relationship. You are strongly encouraged to consult with an attorney in your county in person about your specific legal problem.
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