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>>2) This intense therapy is to go on untill the fall at
>minimum
>>to get her ready for Kindergarten.. So we will have her
>>atleast untill September..
>>Do you think that this would be grounds for a modification
>of
>>child support due to the fact that we have daughter full
>time
>>and she has our son full time??
>
>Yes. Custody and Support.
>
>>
>>3)Do you think we should wait the three months to go for
>>custody, or should we wait untill August or September??
>
>No, I think you should act immediately, and use the
>therapist's testimony as the evidence of a substantial change
>-- especially if there's evidence related to the child falling
>back when she returns to the other parent's care. That would
>be huge, and would be grounds for temporary sole custody.







1) Is this something that could be handled ProSe without too much difficulty, or do I absolutly need a lawyer to file for the temporary??

Thanks for the quick reply and encouragement!!!!!!!

Just one more question for now..

1) When and if I do get custody of my daughter, what would be the likely hood of being able to get custody of my son without too big of a battle since he is not doing that great in school with her??







DUH, I'm not so dumb, I've been practicing!!!!

Good Morning Soc,

If you remember my last post, BM had our daughter on Adderall, well we were able to get her oof of it, and BM has given me our daughter for an undisclosed amount of time..

I had taken our daughter to a pediatrician and he said that she was not AD/HD, Igot her inrolled in speech therapy, Ocupational therapy, Behavioral modification therapy, and socialization therapy classes..

She has been diagnosed with a Learning disorder, so BM decided to let me and my wife have her for as long as we needed to get this done, as according to her she does not have the time to work with our daughter, because of work etc..

So now we have had her for a little over two weeks now, she has and is showing great improvement in all of her therapies, BM had her this weekend and when I picked our daughter up this Sunday she has reverted back to where she was when we started therapy..

Anyway onto the questions..

1) None of this therapy is covered by insurance, at a rate of $2000.00 a month.. Divorce decree states we are to split any medical costs that is not covered by insurance.. I have documentation that shows that our daughter does indeed need this therapy, and BM has agreeded to this therapy..

So shouldn't she be legaly responseable for half of the $2000.00 a month??


2) This intense therapy is to go on untill the fall at minimum to get her ready for Kindergarten.. So we will have her atleast untill September..
Do you think that this would be grounds for a modification of child support due to the fact that we have daughter full time and she has our son full time??

3)Do you think we should wait the three months to go for custody, or should we wait untill August or September??


4) Any other suggestions on what we should do??



Thanks in advance for the help..




DUH, I'm not so dumb, I've been practicing!!!!

Good evening Soc,

A quick update...

I took my daughter to see a real pediatrician on the 25th of January. He said that it does not completely look like she is ADHD, and requested that she be tested by a child psychologist, and a neurologist.

We are in the process of getting all of her appointments set up, and insurance in place.. I have recently  been able to get her BM to talk with me on civil terms without all of the drama, and we have discussed about most of what is going to need to be done, and I suggested to her, that she let me have our daughter live with me during the course of all of the testing and most of the treatment phases..

BM has agreed to let me do this, as she has told me quote "I do not have time to spend with DD to work with her.." So I told her that I did have the time, plus my wife works for herself, and can plan her schedule around our daughters needs to work with her when I can not..

I explained to her that I have all kinds of help on my side that is willing to accommodate anything that DD needs to go to, or be worked on with her..

The only thing is that my insurance will not cover the special treatments, and diagnosis that needs to be done, which means $1200 dollars for the evaluations, then $1500 to $3500 a month for the different therapy sessions..

By law she is required to pay 50% of all Medical costs that
insurance doesn't cover.. With that said I know that she will not want to, nor will she pay her half of what insurance doesn't cover..

My questions are as follows..  ( We all reside in Texas, and in the same county..)

1) Is it possible for me to get the court to waive my child support for the time that our daughter lives with me since we would each be have a child in our care (we have 2 kids together) ???

2) If not for that reason, could I get a stipulation to wave child support in lieu of her not having to pay 50% of the medical??

3) What would be your suggestion on this??

4) If the therapy lasts for more than six months, like it is supposed to what are the chances of me being able to get custody of my daughter??

I agree she needs to go to a specialist, but you know how HMO's work..
So i have to follow the proper channels, I have to have her primary care doctor give me a referall.. I will be contacting my lawyer first thing Monday morning..

Soc,
Yes i confirmed with the pharmacist the the perscription was in my daughters name, and it was for Aderrall 5mg. I also contacted the ex and she also confirmed that she has put her on Adderall.

I am taking her to a pediatrician, the first availabe date that I could get in was on Feb. the 8th, the only problem is that she is already on the meds, so that is going to throw off the possability for the pedi to give an acurate evaluation.

Hence that is why I am asking about the emergency order..
Please do not think i did not take your advice the first time, I am just very upset and scared for my daughters health and well being, I guess I ask again for some reassurance..

Thank You in Advance for you gracios help and guidance..

Well I showed up at the ex's doctors office for the "so called" ADHD Evaluation.. After 2mins and 21 seconds, and two questions he came to the conclusion that my daughter was ADHD... I protested the findings and said I wanted a second opinion, and after much arguing, and being cussed out by the ex, she finally agreed to not put our daughter on ADDERALL.. Fast foreward to today..

I pick my kids up from daycare, and question how my daughters behavior has been, and am told that she has been acting like a different child the past couple of days, NO appetite, Very spacey, and still not listening or paying attention..

So I question them to see if they have been told of her being on any medication, and was told no that they have not been informed of any, but suspect that my daughter is on something, but they do not want to say what they think it is..

So we leave with kids in tow, and as we are driving I commit to my daughter that her nose is running, and ask if she was still taking her allergy meds, and she told me yes she was, plus another pill also, and my son proceeds to tell her that she is not taking another pill with her allergy pill and to shut up..

Well I start putting 2+2 together and decide to call the pharmacy that I know the ex goes to and proceed with questions about prescripts for my daughter, and was informed that there was a script brought in on wed for her and picked up on wed..

 My questions are

1) what should my first course of action be??

2) Do I have anything legally to stand on to get a emergency hearing to stop her from giving my daughter this untill she is properly diagnosed??

3) Would it be wise on my part to call CPS and get them involved, or would I risk losing my daughter along with my son???

4) Should I contact the doctor and let him know that I know what has been done and that I do not agree or consent to this without the proper evaluation being done..

5) I audio taped the whole Drs. visit on wed. and have all of it on tape to prove ex agreeing to not give my daughter anything untill the proper tests and evals were done, plus the Dr. also telling er to let me get a second opinion, and telling me that I was doing the right thing.. should I make this known to them also or should I keep that quiet untill a trial or something else??

Good morning Soc,

I have a question that I need your opinion on.

First of all sorry for the long post, but i wanted to make sure you had all of the details..

I live in Texas " Brazoria County", So do all Parties involved.

We have joint custody with the EX having domicile, as far as parental rights we both have
equal rights regarding everything except domicile.

With that said, Here we go.. I was contacted by my ex, and told that she was taking our
4yo daughter to the doctor, which she is employed by, who is a  General Practitioner,
and having her evaluated for ADHD, which she stated she believes she has, because
she had our daughter in his office one time before with her for about 30-45 mins, and
in which that time he told her that our daughter was ADHD.

I told the ex that I did not agree to him making such a life changing decision like this,because
#1 he is no a pediatrician
#2 he is not a specialist in this field
#3 you cannot properly diagnose her until she has had a complete physical and is a 100% "well child"

She has told me that whether I agree or not she is going to take her in and let him evaluate her,
and put our daughter on a "two week trial period of ADDERALL". So I agreed to go with her on 1-25-06
to the appointment and talk to the Dr. Which at that time I plan on telling him that he does not have my
consent, nor my authority to place our daughter on the dangerous drug..

She has had no formal evaluation.My ex has not taken her to a Pediatrician for a physical,
my daughter is constantly sick with allergy problems that the DR. mentioned above has supposedly been treating her for, in which
he has not done any testing of and just gives my ex samples for her to take.. He has had her
on Zyrtec for a year and has now switched her to singulair now.

Well I have done some checking on this DR. and Have discovered that in 1996 he was
arrested by the DEA in an undercover sting operation and charged with four (4) counts of
prescribing Dihydrocodone (Lortab 7.5 mg) a Schedule III narcotic, for other than valid purposes.

 Then in 1996 the court records show this



Filed on 09/05/1996
FRAUD DEL PRESCRIPT NOT MEDIC PURP SCH III/IV/
3rd Degree Felony
Case Information
Current Status: Disposed/CSCD

12/12/1997 - Placed On Deferred Adjudication (original Hearing Only)
Presiding Judge: BEN HARDIN
Probation: 02 Years
Fine: $2,000.00
Court Costs: $151.50
Other Fees: $960.00

Disposition Information
Current Balance: $600.00

Then you go to The Texas Medical Boards website, and this information is on there about said DR.

RESTRICTIONS AND ACTIONS:

Action Date:  02/07/1998

Description:  AN AGREED ORDER WAS ENTERED 2-7-98 RESTRICTING HIS LICENSE FOR 5
YEARS UNDER VARIOUS TERMS AND CONDITIONS. ACTION DUE TO VIOLATION OF LAWS CONNECTED
WITH PRACTICE OF MEDICINE, PRESCRIBING OR ADMINISTERING A DRUG OR TREATMENT THAT
IS NONTHERAPEUTIC IN NATURE OR NONTHERAPEUTIC IN THE MANNER THE DRUG OR
TREATMENT IS ADMINISTERED OR PRESCRIBED, ADMINISTERING DANGEROUS DRUGS IN AN
IMPROPER MANNER, AND FAILURE TO PRACTICE MEDICINE IN AN ACCEPTABLE MANNER
CONSISTENT WITH PUBLIC HEALTH AND WELFARE.

Now my question(s) are:

1) What are my legal rights to stopping him from Diagnosing, and prescribing this dangerous drug(s) to our daughter??

2) could you help me type up a letter to him that is worded correctly reguarding this matter, and my objection to him doing so.

Good morning Soc,

I have a question that I need your opinion on.

First of all sorry for the long post, but i wanted to make sure you had all of the details..

I live in Texas " Brazoria County", So do all Parties involved.

We have joint custody with the EX having domicile, as far as parental rights we both have
equal rights regarding everything except domicile.

With that said, Here we go.. I was contacted by my ex, and told that she was taking our
4yo daughter to the doctor, which she is employed by, who is a  General Practitioner,
and having her evaluated for ADHD, which she stated she believes she has, because
she had our daughter in his office one time before with her for about 30-45 mins, and
in which that time he told her that our daughter was ADHD.

I told the ex that I did not agree to him making such a life changing decision like this,because
#1 he is no a pediatrician
#2 he is not a specialist in this field
#3 you cannot properly diagnose her until she has had a complete physical and is a 100% "well child"

She has told me that whether I agree or not she is going to take her in and let him evaluate her,
and put our daughter on a "two week trial period of ADDERALL". So I agreed to go with her on 1-25-06
to the appointment and talk to the Dr. Which at that time I plan on telling him that he does not have my
consent, nor my authority to place our daughter on the dangerous drug..

She has had no formal evaluation.My ex has not taken her to a Pediatrician for a physical,
my daughter is constantly sick with allergy problems that the DR. mentioned above has supposedly been treating her for, in which
he has not done any testing of and just gives my ex samples for her to take.. He has had her
on Zyrtec for a year and has now switched her to singulair now.

Well I have done some checking on this DR. and Have discovered that in 1996 he was
arrested by the DEA in an undercover sting operation and charged with four (4) counts of
prescribing Dihydrocodone (Lortab 7.5 mg) a Schedule III narcotic, for other than valid purposes.

 Then in 1996 the court records show this



Filed on 09/05/1996
FRAUD DEL PRESCRIPT NOT MEDIC PURP SCH III/IV/
3rd Degree Felony
Case Information
Current Status: Disposed/CSCD

12/12/1997 - Placed On Deferred Adjudication (original Hearing Only)
Presiding Judge: BEN HARDIN
Probation: 02 Years
Fine: $2,000.00
Court Costs: $151.50
Other Fees: $960.00

Disposition Information
Current Balance: $600.00

Then you go to The Texas Medical Boards website, and this information is on there about said DR.

RESTRICTIONS AND ACTIONS:

Action Date:  02/07/1998

Description:  AN AGREED ORDER WAS ENTERED 2-7-98 RESTRICTING HIS LICENSE FOR 5
YEARS UNDER VARIOUS TERMS AND CONDITIONS. ACTION DUE TO VIOLATION OF LAWS CONNECTED
WITH PRACTICE OF MEDICINE, PRESCRIBING OR ADMINISTERING A DRUG OR TREATMENT THAT
IS NONTHERAPEUTIC IN NATURE OR NONTHERAPEUTIC IN THE MANNER THE DRUG OR
TREATMENT IS ADMINISTERED OR PRESCRIBED, ADMINISTERING DANGEROUS DRUGS IN AN
IMPROPER MANNER, AND FAILURE TO PRACTICE MEDICINE IN AN ACCEPTABLE MANNER
CONSISTENT WITH PUBLIC HEALTH AND WELFARE.

Now my question(s) are:

1) What are my legal rights to stopping him from Diagnosing, and prescribing this dangerous drug(s) to our daughter??

2) could you help me type up a letter to him that is worded correctly reguarding this matter, and my objection to him doing so.

Yeah that is exactly what my lawyer told me yesterday also Bradley..