QUESTION

In the midst of a custody case - what would you feel is illegal or detrimental to the case with prescription writing for a minor?

Asked on Mar 17th, 2016 on Family Law - Wisconsin
More details to this question:
The child was prescribed 5 different medications with refills out of convenience by the minors father. 4 of those medications overlapped what the minor child already has prescribed by the pediatrician. The father of the minor used a co-workers prescription privileges to write these (both are physicians). The mother only found out - 2 months later- through a series of communication by email and her own detective work. Either the child saw this doctor and was prescribed these (without consent of the mother - per the temp order ) - while this particular doctor was out of town (the father of the minor mentioned he was working so hard because his co-worker was on vacation) Or the child never saw this doctor (who specializes in nothing relevant to the child) and either the doctor or the father called the scripts In on behalf of his doctor. **I read that being in contempt would not matter. The father already has a contempt order for taking the minor to a doctor that was unnecessary.
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1 ANSWER

Divorce Attorney serving Milwaukee, WI
Partner at Karp & Iancu S.C.
4 Awards
I am not sure I completely understand your post; the father is a physician and prescribed medicine to their own child? I don't think that is medically appropriate and certainly may be a professional issue to take up with the state licensing board. On top of that, you have the issue of multiple medications being prescribed by various doctors that may overlap each other and may be contraindicated. How old is the child? The next issue I see is not informing the other parent of what is going on while the child remains heavily medicated. If this is in the middle of a custody case, the mother is well advised to hire the best family law custody lawyer she can. Something sounds way off in how things are going down. Is there a court appointed guardian ad litem? You mention contempt in your post, but I don't know what the person would be in contempt of? There has to be a specific court order to be found in contempt. Arguably, the father may be in contempt for interfering with the joint custodial rights of the mother, but I can't tell from your post if that is what you are alluding to?
Answered on Mar 17th, 2016 at 4:24 PM

David B. Karp Karp & Iancu, S.C. 933 North Mayfair Road #300 Milwaukee, WI 53226 414 453 0800 dbk@karplawfirm.com www.karplawfirm.com

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