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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 110573
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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There is a current custody court order that has a rotating

Customer Question

There is a current custody court order that has a rotating Schedule. Two weeks with me and two weeks with his mother. There has become an issue. His mother claims that he has seizures and a doctor diagnosed him with epilepsy and put him on seizure medicine. CPS placed him with me for three weeks and I took him off his medicine. There was a court order before this one and it said that we had Joint Legal. So I had the understanding that I was able to make Medical Decision for my son. However when his mother got him back She took him to the hospital and they ran Blood work on him and it showed that he had low levels of the Medication in his system. When the Gaurdian ad Litem found out that I did not give him is medication he said that I was commiting Felony Child Neglect and I could face up to 2-10 years in prison. He also said that the social workers at the hospital said that my son should no go back with me. However I believe that his mother is forcing this illness on him and provided the doctor with a false History. We recently went to a doctors appt and I gave the doc my History of what is going on with my son now. He said that with the symptoms that I am giving him he would take him off his medicine. But since there are two Historys he wants something in writing that says WHO HAS THE RIGHT TO MAKE THE MEDICAL DECISIONS. When the gaurdian heard this he says that the mother has the right to make the decisions and I do not. Is this violating my Parental Rights? The Gaurdian is acting like a Judge and telling me his interpretation of the court order. Also when problems arise and I tell the Gaurdian my concerns for my son. He said "You and his mother act like an old married couple and I should consider Reconciling with her" CPS has been involved with her and there has been many reports but not by me. Also CPS has been telling his mother everything that I have told them. Can they do that? CPS accidently carbon copied me on some emails where they say that they were going to throw my son in a room with toys while we were going to be in a Family Partnership Meeting. I have documentation to prove all this. What do I do. I want to be the one to make the medical decisions why does she take Presidence over me? SHe is a convicted felon where she did some time. She also has a pending case for Felony Charges for Grand Larceny. She had my son out late at night stuffing Merchandise in his stroller. She was arrested and my son had to spend three night in Foster care because she told the Police that I had nothing to do with him. When CPS found out who I was they said that she voluntarly put him in Foster care opposed to him coming with me. I have documentation to Prove all this also people to subpeon to court. I just can not afford a lawyer. If someone wanted to stick a Gaurdian ad Litem and CPS then this will be a great Pro Bono case. Can anyone Help me. This case is in VA and my son is 2 1/2 years old.
Submitted: 6 years ago.
Category: Family Law
Expert:  Law Educator, Esq. replied 6 years ago.
First, joint legal custody means that both parents are supposed to make decisions for the child together. Second, because CPS is involved you are going to need their cooperation and angering them does not help your situation (no matter how frustrating and angering they can be and I know they can be). What is most helpful in these situations where there seems to be some issues on the mother's side and some question as to whether or not the child really is ill, is that getting an attorney to represent you and getting the court to order an independent medical examination of the child regarding the epilepsy and that doctor will take your doctor's information and the other doctor's information and make an independent decision to whether or not the child really needs medication and if the doctor finds he does not then it is quite possible the court will remove the custody decisions from the mother completely. But I cannot stress enough, it is bad enough you need an attorney when dealing with regular custody issues, but when CPS is involved you need one even more.

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