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mmdesq, Family Law Attorney
Category: Family Law
Satisfied Customers: 518
Experience:  Attorney with 13 years experience.
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My daughter saw a Psychiatrist and he placed her on 5mg of

Customer Question

My daughter saw a Psychiatrist and he placed her on 5mg of lexapro. She is also seeing a counselor 1x/wk for anxiety. My daughter had been living with her father since 2010 in Illinois and requested through the judge that she move with me, her Mother, to the state of Michigan. My ex husband and I have joint custody, but he threatened that he is the legal guardian. He is angry that the doctor placed her on medication, and he told the pharmacy not to fill any prescriptions without his consent. Can my daughter make the decision to take or not take the medication prescribed by the Doctor?
She is in a high school 4 times the size of her old high school and had 8 panic attacks the first week of school.
Submitted: 1 year ago.
Category: Family Law
Expert:  mmdesq replied 1 year ago.

Good Morning:

I will try to best answer your question. Most custody orders contain language regarding the making of medical decisions. Usually routine or emergency medical decisions can be made by one parent alone. Major medical decisions are required to be made jointly in most orders. The question is whether this is a major or minor medical decision. In my opinion placing a minor on medication is a major decision that both parents are required to have input on the decision. Now if you have documentation that you have raised this issue on multiple occasions with Father and he has failed to address it that would be helpful to justify taking action unilaterally. I would advise that a Petition for Special Relief be filed in the court that entered the custody order seeking an order allowing her to continue therapy and take the prescribed medication. This petition should also stress that you have tried to address the issue with Father but he is refusing to follow appropriate medical advise and your daughter in not getting the help she needs. This would help support your position that a change of custody is in your daughters best interest for a variety of reason, but at least one of them would be his failure to address this problem. I realize this may not be the response you would like to hear but this would be the proper approach. This situation can be used to your advantage to support why custody needs to be changed. I would not recommend unilaterally making the medical decision if not provided in the Order. If the Order specifically requires joint medical decision making then you could possibly be in contempt of the Order. I hope this information is helpful and I wish you the best of luck with this difficult situation.

Customer: replied 1 year ago.
There are no words in the document that say " Joint medical decisions", only Joint parenting ---there is nothing about medical.
Expert:  mmdesq replied 1 year ago.

Just for clarity is there any language regarding medical decision making process eve if not labeled "Joint medical decisions"?

Customer: replied 1 year ago.
Nothing---at all with those words, just joint parenting---ok thats all, have to go and thanks
Expert:  mmdesq replied 1 year ago.

Your Welcome.

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