Legal Question in Family Law in New York

Proving Medical Neglect

My husband had joint legal custody of his 5 year old with physical custody to mother. The mother has not taken his daughter to the doctor for any medical visits in 2 1/2 years and has never taken her to the dentist. Do we have a fighting chance of proving medical neglect to gain physical custody?


Asked on 8/12/07, 5:23 pm

1 Answer from Attorneys
Debra Palazzo Law Offices of Debra Palazzo, LLC

Re: Proving Medical Neglect

If your husband has JOINT legal custody, why hasn't he taken the child to the doctor or the dentist?

Won't that be the first thing the Judge asks?

Tell him to take charge of his daughter's medical and welfare and then perhaps he could apply for custody.

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Answered on 8/16/07, 10:03 pm


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