Joint Custody-Can one parent have total legal say over medical treatments?

[csa84]

What is the name of your state? Maine

I have joint custody and am the CP of two children. My youngest child has been seeing mental health professionals for the past 6 years. Since the divorce (1 yr ago) my ex has been very vocal (to the point of harrassing) to my son that he does not agree with his seeing the Dr's and therapist. My son voices his fears that his father will be able to stop him from taking his daily medication, and has gone to extreme measures to keep his therapy visits a secret from his father. I support my son in his worries as during a weekend visit my ex instructed our other child to flush her medication so she would not have to take it, and so it would not be in the bottle for me to see.

My ex is not actively involved in any medical care of the children, even at the prompting of my son's therapist. He has stated to both of us that he will not follow any recommendations made by the psychiatrist or therapist at any time.

Due to this I am the sole person my son relies upon. My son's therapist is asking that I have a plan for my son that will make him feel secure if something was to happen to myself. Is it legally possible to be appointed to have complete say over my children's medical needs? And if so, to appoint someone to carry on with this if I am gone?

 

[BL]

And What does this Therapist say about the Medication issue ??

It may be time to take a trip back to court and have a Judge decide weather medication or therapy should be interfered with by either Parent .

Orders could be included, then if they are interfered with, contempt could be Petitioned for .

Generally any major health issues are for both Parents to decide. The Court would have to determine , If they would interfere with this .

 

[stealth2]

You could petition for sole legal custody. You could speak with a lawyer to request that your son be appointed a medical guardian should you pass. But otherwise? If you die - your ex will be in charge.

 

[csa84]

The therapist feels this is a major issue for my son and has requested that I get a plan in place to reassure my son that if something happens to me he can continue on with his therapy and medications.

Is this enough of any issue to seek sole custody?

 

[Holly Golightly]

The therapist feels this is a major issue for my son and has requested that I get a plan in place to reassure my son that if something happens to me he can continue on with his therapy and medications.

Is this enough of any issue to seek sole custody?

I took my ex husband to court and won sole custody for EXACTLY this reason. If one parent is interfering with psychiatric treatment of the child, it is just like denying the child medical treatment. Our job as parents it to protect the children - even from the other parent, if necessary.

I've decided to get a medical guardian in case I croak-over. I would roll over in my grave if I went through all the legal headaches and heartaches, just to die and have her father deny her treatment...

 

[BL]

Especially for the folks in the South,those frogs down thar really croak - over & over & loud all night ..

 

[csa84]

Golightly....

what is the process to have a medical guardian appointed for your child? You have full custody, is it possible if there is joint custody?