Legal Question in Family Law in Minnesota
consent requirements
I have joint legal but not joint physical custody of my minor children. My ex-wife has placed my son on ADD medication without notification or my consent. Do I have any rights or recourse in this situation?
2 Answers from Attorneys
Re: consent requirements
It would be wise not to let that go without some correction, particularly if your son is a young child. It is not so much a matter of taking him off the medication. The "correction" would be to set the record straight that the provision for joint legal custody is not just words on a page, but something that your ex-wife will be held accountable for on an ongoing basis in the future. Please feel free to follow up with me at my website www.divorcelawyermn.com or directly by email at [email protected].
Re: consent requirements
Making a decision to place a child on serious medication like that stuff makes it a major life decision requiring a meeting of the minds between two parents who share joint custody. If the child's mother won't confer with you and/or the doctors won't heed your wishes about it, then you have grounds to file a motion with the court to have the mother show cause why she should not be held in contempt and to also have the court address the issue.