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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Family Law
Satisfied Customers: 41221
Experience:  I provide family and divorce law advice to my clients in my firm.
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I recently was sent to the hospital for an accidental overdose

Customer Question

I recently was sent to the hospital for an accidental overdose on my sleeping medication while my daughter was at school. As soon as I realized I had took to much I called 911. While in the hospital due to it being a quote "overdose" they held me in the hospital and later released me to a treatment facility to ask more questions. I was then released from the facility about 3 days total later only to find that my ex boyfriend filed an ex parte custody order claiming I tried to kill myself. So with out a hearing or any warning I am now subjected to supervised visits and I need to know what are the steps I can take to fight this order especially since it was filed under false pretences without even contacting myself or my family.
Submitted: 6 years ago.
Category: Family Law
Expert:  Dimitry K., Esq. replied 6 years ago.
Thank you for your question.

I am sorry that you are in this situation.

How bad of an overdose what it? Did the police or the hospital also believe that it was intentional?
Customer: replied 6 years ago.
I actually didnt really overdose I was still concious i called the ambulance myself told them I had accidentally overdosed and they came and got me and used the activated charcoal I think I may have taken 3-4 to many thinking I grabbed my motrin as I did have a migrain and though I dont believe the hospital or police thought it was intetional they still held me for further questioning at a facility
Expert:  Dimitry K., Esq. replied 6 years ago.
Thank you for your follow-up.

What you must do is receive a formal medical evaluation from the doctor that acted as your primary when you were admitted to the hospital, and then do the same with a psychologist so that he can also write an evaluation essentially claiming that you are not suicidal, the over-dose was accidental, and you are fit to be a parent. In this situation from his point of view the boyfriend acted correctly because there is no evidence on his end that this was indeed an accidental overdose. Because you were held for 3 days because it was deemed a suicide attempt, the boyfriend was fully in his rights to pursue rights on grounds that what he was doing was to protect the child.

Once you have these orders in place, you can then file for formal visitation and custodial rights, attempt to remove the temporary ex-parte order, and provide evidence from experts that you are not indeed a threat to the child.

Good luck.