QUESTION
can I give my son medicine without joint consent if I have full physical custody / joint legal custody?
Asked on Jan 24th, 2017 on Child Custody - New York
More details to this question:
After 11 months of behavioral therapy, a reputable child psychiatrist has offered a clinical diagnosis of ADHD and a trial prescription for my 8.5 year old. I have full physical custody and joint legal custody. My ex husband is stalling on even discussing the diagnosis / medication. Can I give my son the prescription without his father's consent?
1 ANSWER
Civil Rights Law Attorney serving Rockville Centre, NY
Partner at
Lori Nevias, Attorney at Law
1 Award
Have a look at your custody agreement- the answer depends on the wording. There is likely a clause that deals with medical decisions. Sometimes the custodial parent has full decision making authority, sometimes the requirement is that both parents must consult with each other, and sometimes it specifies that they must come to a mutual decision. If your agreement says you must consult with each other, and you've attempted to but he refuses, you are free to make the decision to medicate your son without your ex husband's consent.
Answered on Jan 27th, 2017 at 7:59 PM