Legal Question in Family Law in Massachusetts
Mood altering drugs and custody
Mother of my son taking mood altering prescription medications (clonopin, and heavy doses of prescription pain meds). Towards me she is Jekyll/Hyde personality, I never know who I'm dealing with. She has a very frequent history of going to the emergency room to get shots of morphine, and strong pain medication prescriptions. We have a young son, I worry about him constantly, she has custody, but it was never court mandated, I pay support (that's not the issue though, I'd gladly pay her NOT to have custody). My question: can her use of mood altering prescription meds be a reason for me to seek custody? Can her pharmacy or medical records be brought into court if there is a concern that a young child may be in danger from her unpredictable behaviour?
4 Answers from Attorneys
Re: Mood altering drugs and custody
Just because her moods changes toward you it does not mean that she is a bad mother. You can certainly use her moods and medications as detrimental to the child, if in fact, it is. You may to have a guardian at litem (GAL) to investigate where your child will be better placed. You can seek custody for any reason but since there is no court order for custody you will have to prove why you should have custody now. Specifically if she was always like this then why now is a poor parent, etc.
If you have any questions please call or email.
Nicole
Re: Mood altering drugs and custody
Illnesses requiring heavy use of medications can affect a custody decision. While a perfect and physically healthy parent is not the standard, a parent whose health issues significantly interfere with the child's care can be the less appropriate parent in law as well as fact.
If the medication use amounts to abuse of prescription pain mendications, the other parent has a very good chance of obtaining custody.
The facts you state carry the implied question: is the other parent seeking prescriptions to feed a habit? This question should be explored.
ALl prescription records are relevent. They can be subpoenaed to court or to a deposition. They can also be reviewed by a Guardian ad Litem.
Greg Lee
www.gregleelaw.com
: Mood altering drugs and impact on custody
I have a different take.
1. No.
2. Yes.
The problem is not the intake of medication or her mental condition. The issue is to what extent does her mental health, and/or medication use or neglect adversely impact the current custodial arrangement.
Should you have any questions or need assistance, contact me.
Re: Mood altering drugs and custody
I would say you almost have an obligation to seek custody. Of course, whatever bears on the custody decision the court wants to see. There is a provision in the statute regarding the patient / therapist privilege that makes the privilege inapplicable (so records are discoverable) when the records tend to bear upon fitness for custody.
If you need further assistance, feel free to contact me.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
