Legal Question in Family Law in Montana
During my recent parenting exchange I was provided with a bottle of eye drops (Patanol) that my ex stated I should administer to my daughter (11 yrs) 1-2 times a day for her allergies. When I arrived at home and looked at the container the prescription was an outdated prescription for my ex-wife from 2008, but it contained a newer bottle of Patanol. According to the documentation I was provided there is no prescription for my daughter for these eye-drops. I questioned my daughter and she has not seen a doctor to have these drops prescribed to her.
I have sent a letter to my ex requesting the prescription information for my daughter, and informed her that if the prescription was not in fact for my daughter to seize administering the drops to her and schedule a doctors appointment for my daughter.
I am refusing to give the eye drops to my daughter at this time since I am unsure that they were actually prescribed by a doctor for her.
Am I doing the right thing? Is there anything more I can do to compel my ex to not give my daughter medicine that was not intended for her?
1 Answer from Attorneys
This type of thing is what parents should be able to talk about when they have children. Usually, parents notifying each other of appointments (doctor, parent-teacher, etc.) so both can be present and speak with care providers. Parents share information doctors' diagnoses, treatment plans, and information about prescriptions.
Either parent has a right to call the child's care provider and ask questions. In this instance, you want to know whether mom's leftover 2008 Patanol is okay for your daughter's allergies. If the doctor says "toss it out," ask what medication is appropriate. The doctor might offer names of over-the-counter meds, or might need to see your your daughter first.
Here's the perfect opportunity to practice sharing information. Call Mom. Keep the conversation factual, not accusatory. Say something like, "I was worried about using your expired prescription for Child's allergy, so I called the doctor. S/he wants to see Daughter before s/he suggests a medication. The first available appointment is Tuesday at 3:00 p.m. If you can't make it, I'll call afterward to let you know what the doctor said."
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