Legal Question in Family Law in California
Medical Treatment without other parent's consent
My son (9) needs psychiatric evaluation and possible medication for a serious depressive illness (suicidal thinking). He also has been taking medication for ADHD. My Ex (joint custody) won't sign consent for medical treatment. I know I can file an order to show cause to get a hearing for the judge to order the treatment, but are these grounds to request that I be granted full legal custody? How likely am I to be awarded full legal custody in this situation. There are many other areas my Ex and I struggle over regarding the welfare of our son.
3 Answers from Attorneys
Re: Medical Treatment without other parent's consent
My recommendations are that you retain counsel to represent you in this matter. Too much info unknown for me to comment.
Reply: Medical Treatment without other parent's consent
If you can convince the Court of the facts as you present them in your question, it could become grounds for a change in custody, however, there are other variables to be considered.
I suggest that you consult with an experienced family law lawyer. Experience is not expensive, it's priceless!
You will find some valuable information on various family law issues including child custody at my web site.
Good luck to you!
Brian Levy, Esq.
www.calattorney.com
Re: Medical Treatment without other parent's consent
You should file the motion requesting that you be given sole legal custody so that you may make these decisions and others as they may come up. You may want to consider asking for an order shortening time from the judge (you must do this ex-parte) depending on how urgent the treatment is considered by the treating medical care provider. You will need a declaration or testimony from the medical care provider concerning the need for medical care. If this is a very urgent matter you may consider calling Child Protective Services who can get quicker action. The bottom line is you are going to be better off with the assistance of an attorney and only you know what you are gambling with. Maybe if you show the Mother the replies that you received from LawGuru.com she will be convinced that she may lose custody if she does not seek the proper treatment. Good Luck, Pat McCrary