Legal Question in Family Law in California
Untreated asthma neglet?
My ex son in law has custody of my granddaughter who is 7. The court gave him custody because of my daughter having to relocate.
He refuses to give her the maintenance medication prescribed by her physician for her asthma.
He tells my daughter that he will only give it to her when he feels she needs it. The child gets the medical attention needed only when she visits her mother. During spring break, her daughter had told her mother that she had been having dificulty breathing at night, not pulling air in, but expelling it when she is at home with her father, he resides in the Southern Ca. area.
When the doctor had questioned my granddaughter as to why she hasn't been seen, she replied ''her father won't listen and he wouldn't take her anyway''
Her asthma had gone untreated for the past 9 months due to her fathers neglet.
She feels her hands are tied and does not know what steps to take to protect her child.
Is there options for the non custodial parent to protect their child, without the courts making her feel she is just being vendictive.
2 Answers from Attorneys
Re: Untreated asthma neglet?
Your daughter needs to make a motion to the court to get an order from the court instructing the father to do take action and at the same time your daughter can ask for modification of custody arrangement.
Re: Untreated asthma neglet?
Get the treating doctor involved. You daughter will have to file an OSC or contact CPS and let them handle the problem.
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