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Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 11823
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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A 6 year old develops a gh fever accompanied by violent

Customer Question

a 6 year old develops a high fever accompanied by violent vomiting and convulsions while at school. the child is rushed to hospital. Doctor makes a diagnosis of meningitis and requests permission to initiate treatment from the parents. the child's parents are divorced. the mother, who is not the biological parent of the child, has primary custody. she insists no medical treatment be offered for religious reasons. the biological father, who resides in another states, is also contacted. he insists that treatment be given and seeks independent consulation from another physician. my question is who has the right to make the decision?
Submitted: 1 year ago.
Category: Family Law
Expert:  LawTalk replied 1 year ago.

Good afternoon Tracy,

I'm Doug, and I'm very sorry to hear of the situation. My goal is to provide you with excellent service today.

This seems like a very crucial matter for you, and your questions and issues suggest that an in-depth conversation might best suit your needs. If you are interested, for a nominal charge I can offer you a private phone conference as opposed to continuing in this question and answer thread. Let me know if you don't want a call and I will be happy continue here with an answer for you.

Either way, whether I call you or not, in order to give you a clear and concise answer, I will need some additional information about the circumstances, please.

1. Did the non-biological mother formally adopt the child?

2. How is it that the "mother" has primary custody?

3. Were the "mother" and father granted joint legal custody in the divorce?

Thanks in advance,


Expert:  LawTalk replied 1 year ago.


Do you still need help? I can't assist you without the additional information I requested.