Can my ex take me to court for refusing to use medication to treat my 11 year old sons' ADD?

Question

My son was diagnosed with being in the outer autism spectrum and A.D.D. 4 years ago. He currently has a C+ average with the help of a teachers' aid and no social problems. My ex wanted to medicate with Concerta from the beginning. Recently he damaged some plants while at her home and since then has threatened me with court to put him on it. She said she wants him to be on it before her second child with her husband is born. We agreed to joint custody 8 years ago without going to court with him and his brother and it has worked well till now.The boys stay with me for one week at a time & vice versa. The DR. we recently saw said the specific reason for medicating was so he didn't fail in school or socially. He's not. The teachers' complaint is his lack of focus but she told me he is a good soul,polite,& has good manners. My ex does not like his teacher. Can my ex get a court decision to put my son on schedule 2 controlled substance psychiatric meds ? Please help!

Answer 1

Best thing for you to do is get a lawyer...and get several Dr's opinions on your child.  I agree with you not to medicate him if he is doing ok without meds...but get your butt covered before he makes his move.  SEcond of all...go for full custody...I can't imagine that him going back and forth between houses is good for him either.

Answer 2

Yes she can. Get a good lawyer, and perhaps ask for full custody. If mom can't handle taking care of him without meds, maybe you need to be doing it.

Answer 3

Your ex can take you to court for failing to use Kleenex brand tissues when blowing his nose.....

Doesn't mean the judge won't laugh in her face.

You might want to consult a lawyer to see if there is precedence already set.  It could be a lot cheaper in the long run.

Answer 4

The meds should help him w/ his focus that is the whole point. W/o the meds it is like he feels "speedy" . Like a feeling  of being out of control. Do you really want him to feel this way? Have you tried the meds on him yet? The parents I know that have children w/ add will give them the med during school week and take him off on the wkends. Maybe you can try it. It is very awesome that you are concerned and are doing research. That is admirable but you need to find out how he is feeling when not taking it. Also I would suggest getting in touch w/ a special education advocate in your states public school system. They can help you do your research and can maybe testify in court on your behalf.

The bottom line is the child and his well being.

Good Luck

Answer 5

Get an attorney. I doubt the court will overrule a doctor's decision. Maybe you should try for full custody. It sounds like she just wants to drug him up so she doesn't have to deal with his behavior and so she can focus on her new baby.

Answer 6

courts shouldnt be able to foce you to medicate your child  the parent who has coustdy normally would make that decision since you guys share coustdy the week here week there way i dont know what the court would decide i would take him to another doctor and get a second opinion  and have the teacher write down what she thinks about his behaivor get alot of written staments from dr and school people that have contact with you son showing he dosent need meds so if she dose take you to court you have a good agument of y you dont want him on the meds.... good luck

Answer 7

YES SHE CAN, UNLESS YOU CAN PROVE IT WITH A DOCTORS ORDER THAT HE DOES NOT NEEDED, BUT YOU WANT TO GET AHEAD OFF HER .  ASK FOR LEGAL ADVICE AS SOON AS POSSIBLE.  BUT BE AWARE THAT IF A JUDGE RULES IN FAVORS OFF HER THERE IS NOTHING YOU CAN DO, I'M A SINGLE MOTHER OFF TWO AND I WOULD NOT LIKE FOR MY KIDS TO BE IN ANY KIND OFF SUBSTANCE.  I TOTALLY AGREE WITH YOU AND I WISH YOU THE BEST OFF LUCK FOR YOU AND YOUR KIDS

Answer 8

first,your first question and the second differ,alot.she can take you to court if your refuse to give him the medical attention he needs.but....she cannot get a court decision to have him put on meds,unless he is a threat to himself or another person, which doesn't seem the case for you.another thing.. A" C" is passing ,but as he grows and moves up the ladder to harder classes it will be more difficult for him to learn and he'll be around older students.. I suggest you tudor him alot yourself or see if you can hire one twice a week to help him, now.

Answer 9

they can be a bit over whelming at times. but the medicine does help control ur son and keeps him Regular  and thats what he needs is structure. The doctors can prescribe a pill that does not have him zombied out . But all the courts can do is suggest that you do this especially if its in his best intrest for him to take this pill.

Answer 10

yes.  And you would have to prove that what you are doing for the child is better than what the medicine can do if they really wanted to take it that far.

Answer 11

Yes, she can take you to court. Will she win? Depends, on your attorneys, but she certainly can take you to court over it. Time to get an attorney.