Case To Withhold child's Medication?

Question Details:

My ex and I have joint legal custody. If a decision - medical, educational, etc. cannot be reached then I am the final decision maker. My ex has remarried. He is married to someone that has a felony conviction for meth mfg and dist. My son has ADHD and must take meds for it . These meds are amphetimines. I have reason to believe his new wife still abuses drugs. Do I have the right to withhold his medication when he is visiting his dad?

Asked 10/12/2009 under Divorce, Marriage, Alimony | 213 View(s) | More Legal Topics

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Terri Brown / Terri L. Brown, Attorney Answered 2 years ago | Contributor with 0 answers This attorney is licensed in Georgia

Withholding meds from a child can be grounds for negligence and could result in your ex getting a claim filed against you.  If you feel your child is in jeopardy you may want to consider a custody modification of your own.  You mentioned legal custody but you didn't mention what is the physical custody arrangement.  The two are very different things. 

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