SPARC Forums

My dh has sole custody of my ss. This is the result of a very long hard custody battle. One of the many reasons bm lost custody was because she was incorrectly handling my ss's asthma and meds. Well she is now refusing to give him his meds during her overnights with him. What can we do about this? Does anyone know of any case law regarding this issue?

Nikki

If the medications are needed for a possible 'life threatening' illness, I would recommend asking for an 'ex parte' or emergency hearing, asking for all visitation with NCP to be suspended or supervised until NCP agrees to giving the meds.  I would contact an atty. asap.....BEFORE another scheduled visitation with NCP.  An asthma attack can be fatal in children, even for children who are medication-compliant.

Yes asthma is definitly life threatening. We wrote her another letter compelling her to give him his meds. We have emails from her at different times saying that she forgot to send it to us for our visits during her half of the summer. And she forgot to send it back for our half of the summer hence the reason why she has an inhaler at her house to give him. We are going to contact our attorney on Monday to see about filing an emergency petition.

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change visitation to no overnights.  This way he would be home in the evening for him to take it.  Or is she too far away?