Legal Question in Family Law in New York

non custodial parents rights
My son has a 17 month old daughter. He and his ex girlfriend have joint custody, with her having physical custody. I guess he only has an equal say about religion, schooling and major medical problems. My granddaugher has been sick a lot with ear infections, sinus problems and colds, since she started going to daycare at 5 months old. The baby's mother is very vindictive and always trying to blame the baby's illnesses on my son, along with accusing him of not taking her to a doctor when she is sick. The mother and my son can't spend too much time in one room due to arguments always happening. For this reason, when the baby was sick a couple weeks ago, and spending the weekend with my son (his visitation), he took her to the doctor. She was wheezing, coughing, runny nose, and a slight temp. When he took the baby home on Sunday, he told her mother she was sick, what the doctor said, and gave her the meds the baby needed to take. Two weeks later, she is telling him, he should have called her so she could have went to the Drs. too, that she has a right as a parent. We didn't see the need, being it wasn't an emergency. She was given all the info the next day. Is my son in his rights to take her to the Dr. without telling her mother?

Asked on 9/20/08, 4:26 pm

Jason Kessler Law Offices of Jason B. Kessler, P.C.

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Re: non custodial parents rights

Is the mother a jwitness or a chrsn scientist?

If so, your son should contact a lawyer immediately

Bc this matters concewrning whether the child can receive medical care

Answered on 9/20/08, 4:35 pm

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