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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Family Law
Satisfied Customers: 27629
Experience:  Attorney with experience in family law.
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My son is special needs autistic and had been living with my

Customer Question

My son is special needs autistic and had been living with my ex husband for the past year. It was court ordered for the child to remain in his said therapys and dad has refused also dad has been not giving him some of his medication for aggression. As a result of all this out some hit another teacher in the face this past week. Also dad has been ignoring doctors orders does this qualify as an emergency?
Submitted: 1 year ago.
Category: Family Law
Expert:  Lucy, Esq. replied 1 year ago.

Hi,

I'm Lucy, and I'd be happy to answer your questions today. I'm sorry to hear about your situation.

If you have anything from a doctor explaining why this medication is necessary and the adverse affect on your son if he's not able to take it, yes, it may qualify as an emergency that would allow you to get an ex parte order without notifying the father. Basically, an emergency exists if the child could be harmed by the failure to take action. When a child has behavioral problems, denying him therapy plus medication may harm not only your son, but others. That should be enough to get the order.

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Customer: replied 1 year ago.
They only way I can prove the medication alligation are by pharmacy records and seperate emails stating this.... We have a hearing this week just not sure what all I should bring to court..., also our child's therapist has testified that dad threatened her with legal action.. Also their is a history of domestic violence in the past about 4 yrs ago dad had an injunction for 6 months and was only allowed supervised visitation. I have lots of evidence just not enough time to show everything what are the most important pieces to show that day?
Expert:  Lucy, Esq. replied 1 year ago.
If the basis for the motion is your son's mental health and physical well-being, the starting point would typically be to show whatever records you have that he's not getting the help and medication he needs.
The father's history of domestic violence is only relevant if something has happened since the custody order was entered. Otherwise, the judge isn't going to look at it. He wants to see what's changed and why it's best for your son to have custody changed. You'd have to tie the history in somehow to your son's behavioral issues to show the judge why it's important.
Customer: replied 1 year ago.
Do the threat to therapist count she also testified that he was screaming and yelling at her and made the statement when ask to proceed with treatment "I better go along with it cause if not it will be used against me in court"
Expert:  Lucy, Esq. replied 1 year ago.
That statement is technically true - he DOES have to go along with it or his failure to do so can be used against him.
If the therapist is willing to come in and testify to his demeanor, any specific threats he made, how she felt, and if she believes his anger/threats will have a detrimental impact on your son, all of that can be used.

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