What to do When Parent with Joint Custody Refuses to Give Child Needed Medication

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“Can you please tell me what could happen to a parent who refuses to give her child medication. My grand-daughter was just recently diagnosed with Juvenile Diabetes. My son is not married to the mother but he does have joint custody. The mother refuses to give my grand-daughter the insulin shots that she needs, thinking that there must be some sort of herbal medication she can take. Doctor has told her that if her daughter does not receive her medication that it could be fatal. Doctors and nurses in the hospital have heard her say that she will not give her daughter the insulin shots needed. Will the hospital release her to her mother knowing this?”

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The hospital might or might not. The main reason they may not release to the care of the mother would be their concern of liability for the death IF THEY KNOW ABOUT WHAT MOTHER IS GOING TO DO. Your son might try to get custody of the child based on this life threatening situation. At very least the judge would likely make a specific order, ordering mother to give the child doctor recommended medication.

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Author: House Attorney

A house attorney has answered this question.

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