Does My Son’s Father Legally Have to Give My Son Medication?

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I have an 11-year-old son who has been diagnosed with bi-polar and ADHD. He’s been on a combination of medication since he was 5-years-old. I have sole decision making and primary custody. His father has visitation every other week during the school year and extended time during breaks. 3 years ago, his father started refusing to provide our son with his medication during his visits. We have seen a family judge 3 times and he has been told every time that he must get a prescription, fill it, and insure my son is taking it.That’s not happening. I’ve called child protective services and they said it’s not harming him physically therefore they can’t investigate. The constant on and off of medication is not only dangerous but it’s negating treatment, he’s unstable. I would like to know if there’s a way besides family court to fix this. My son recognizes that he needs his medication and begs not to go to his dads without it. Sending my son with the medication doesn’t work. I’ve tried several times and it causes a whole other set of problems and he still doesn’t get to take it. The older he gets the more serious this is getting because of the instability. His disorder makes him a danger to himself and others. I’m trying to find help before it’s to late.

[NOTE: Articles and answers on DearEsq., while written and published by lawyers, do not constitute legal advice, and no attorney-client relationship is formed by your reading of this information. You should always consult with an attorney for any legal situations.]

You mentioned that you have taken your son’s father to court on 3 separate occasions regarding the matter. Did the judge state whether his custody rights would be suspended if he refused to cooperate?

You should review the orders that mandate him to provide your son with medication. If he has in fact violated the orders, you may want to consider filing a motion to request for him to have supervised visitation rights for a period of time to ensure that he provides your son with the appropriate medication.

In the alternative, you can also file a motion to have his visitation rights terminated, but most courts will not likely grant such a request unless the parent posses a serious danger to the child.

You should consult with a local attorney to see discuss your legal options.

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Author: House Attorney