Legal Question in Family Law in Virginia
My ex-wife and I have joint custody of our two children. I am active duty Navy so she has physical custody and I get them every other weekend. I just caame back from a 7 month deployment and my ex notified me that my son is Gluten Intolerant. I asked her if she spoke with a doctor and she said she did research online and decided herself that it improves his behavior and speech. My son has Apraxia so it's hard for him to innunciate words. He is 5 years old. So she had my son Gluten free for a few weeks then decided to take him to the doctor. They did a blood test and it came back negative. She told me the doctor said the test could of came up negative since she had him gluten free. She says the doctor agrees with her plan on keeping him off gluten and she sent me the physical examination report. The doctor has kept him on a gluten free diet according to this report, so I have to follow it when I have him. What I don't understand is how can a doctor who just took a blood test and it came back negative, say he has to be gluten free. He has no symptoms of being gluten intolerant. I plan on getting a second oppinion. I just don't understand how a doctor can say he's negative and still keep him on a gluten free diet just for behavior. He's a 5 year old little boy and is always good when he's around me. My ex wife decides these things on her own without consulting me and now the doctor she has him at is agreeing with her. So when my son comes to visit every other weekend I have to buy everything gluten free and feed it to him because of this report. I don't think there is nothing wrong with my son. She always tries to self diagnose and she even tried to say he may fall into the autisim spectrum....that is her diagnoses, not the doctors. I need to know what to do. My kids are always sick when I get them and it's worrying me.
2 Answers from Attorneys
You should consider seeing an attorney and another doctor before you do anything.
Yes, so get the second medical opinion and if it reasonably disagrees with the first, as a parent with joint custody of this child who is thereby entitled to participate in decisions involving the child's medical care, you have as much authority as the mother to decide what regime to follow when the child is in your care and custody.
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