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.
DISCLAIMER: This answer is provided solely for informational purposes only. This answer does not constitute legal advice, create an attorney-client relationship, or constitute attorney advertising. Liewen Law is fully compliant with every State and Federal Law, including California SB 94 and the related Civil Code Sections, as well as the FTC Mortgage Assistance Relief Services (MARS) Final Rule. Liewen Law is a debt relief agency helping consumers file for bankruptcy relief under the United States Bankruptcy Code. Liewen Law maintains this website for marketing and informational purposes only. None of the information or materials on this site is legal advice. Nothing on this or associated pages, documents, comments, answers, emails, or other communications should be taken as legal advice for any individual case or situation. Said information is not intended to create, and receipt or viewing of this information does not constitute, an attorney-client relationship. While we make every effort to keep this site accurate and up to date, we do not guarantee its accuracy and are not responsible for inaccuracies, errors, or omissions.
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.
Sign up to receive a 5-part series of useful information and advice about child custody law.