Legal Question in Family Law in Arizona
I have two issues with my ex wife and the medical issues concerning our children. We have Joint Legal and Physical Custody.
#1. She had medicine for our oldest son's ADHD written into the CS order. Then she ceased giving it to him in February 2009. She did not notify me of this decision she made alone. She did not
#2. Our youngest son also has ADHD. He has been fine on a 10/month prescription. My ex has now decided to change his medication to what may be over $100/month. We won't know if this new medicine works for a month or two.
She consistently changes our children's medications and does not inform me of doctor appointments she makes.
I want sole decision making rights when dealing in medical issues. If possible I would like to have her sanctioned for fraud due to her stopping our son's medicine and collecting the check.
2 Answers from Attorneys
Before you proceed with any legal action, review your decree for any language requiring mediation. Also, I would also suggest that you contact your kids' doctors to determine if the changes were recommended.
If a Judge could be convinced that these were bad decisions, AND that she continually fails to allow for your input, then I like your chances if you seek a modification to the current legal designation. If these were good decisions, but she failed to allow for your inout, maybe she would just get a "slap on the hands".
We can certainly help you consider and then pursue your options.
One of our attorneys can explain the issues and procedures better in person. As you can imagine, there is too much to cover via email. We offer free 1/2 hour consultations, in which we can discuss your matter in detail.
Please call us directly to discuss the specifics of your matter, or contact my assistant Gina or my paralegal Jennifer to schedule your free 1/2 hour consultation.
/s/ Rich J. Peters
R.J. Peters & Assoc., P.C.
1422 North 2nd Street, Suite 100
Phoenix, Arizona 85004
602-254-7251
facsimile 602-254-1229
see our website at www.familylawaz.com
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