Question on medical care

[Cookiemomma4]

All parties are in PA.  I am pro se.
The temp order states:
In the inteim and pending receipt of the home evaluations, the parties agree to maintain the status quo regarding legal and physical custody as follows: Legal custody of the child shall be shared by her parents above captioned.
XXXXXX shall have primary phyiscal custody of the child.
XXXXXX shall have partial custody every other weekend from Friday at 6 pm until Sunday at 6 pm, and each Wednesday for a dinner visit from approximately 4 pm until 7:15 pm, and any additional time by afreement of the parties.

Now onto the situation.  The child is sick and has been off and on for quite some time.  Primary parent has ignored the illnesses stating that child has "seasonal allergies."  Primary physician ordered nasal spray for the allergies.

Friday, April 7th, child was picked up for a weekend visit and medication was not exchanged for the weekend.  We called to find out why.  Parent said that the doctor wanted it held for a week.  Child said that was not true and doctor just gave her more that morning.  Doc office was called and situation was explained.  We were told that the child was right and they called in an order for the  medication which was promptly picked up.

Primary parent told us that there must be some confusion, this is not what the doc said.   Told us to keep the medication at our house for future visits since they already had some at primary household.  We called back to doc office several times to request doc findings and orders in writing and have yet to be provided with them.  They keep saying that they will call back after they contact primary custodial parent.

No future doc visits were reported by primary parent or by ins company.  

Wednesday May 3rd, child is picked up for dinner visit and she has green snot again and is coughing.  As it is my understanding the this is a visit and not an excercise of shared custody we report findings to primary parent.

Friday, May 5th, child is picked up for shared custody time.  Primary parent says that child's allergy medication was started again that day because "she felt she needed it."  She was not taken to the doc.  We immediately took her to the emergicenter that is on our way home.  

Child is sick again, which we knew, and they don't want her on an antibiotic because they have perscribed her one 5 times this year already (yes, taken there only by parent with parital custody because we live an hour away from primary physician and they don't have doc hours when I have parenting time).  They want to see her back in 5 days if there is no improvement.

My questions-

1)  If what the doc office said or what the primary custodial parent said were to be believed as truth, would the script for the allergy medication still be valid, and therefore she should be given it daily?  I am wondering because if it is valid, I would like to get a doc order halting it as this is an infection issue not an allergy issue).

2)  If primary custodial parent does not step up to the plate and take her back to the doc if there is no improvement, can this be done on a dinner visit?  I guess if I am asking if my understanding is correct that  this time can not be used to take her to the doc.

3)  What should my next step be here, if any, beyond waiting it out (we have the evaluation in a week and a half but don't know exactly what to expect after that) and hoping for the best??

4)  What can we expect after the evaluation...I am assuming that we have to wait until the next court hearing for a change in the order...but we don't have a date for this as of yet and I am sure you can see some sense of urgency here as her health is suffering due to the current situation.
I do appreciate your time and consideration in this matter.

[socrateaser]

>My questions-
>
>1)  If what the doc office said or what the primary custodial
>parent said were to be believed as truth, would the script for
>the allergy medication still be valid, and therefore she
>should be given it daily?  I am wondering because if it is
>valid, I would like to get a doc order halting it as this is
>an infection issue not an allergy issue).

I'm not a physician. If you believe that the child has a bacterial/viral  infection then allergy meds may not be appropriate, but it's up to the physician to determine this.

>
>2)  If primary custodial parent does not step up to the plate
>and take her back to the doc if there is no improvement, can
>this be done on a dinner visit?  I guess if I am asking if my
>understanding is correct that  this time can not be used to
>take her to the doc.

It seems highly unlikely that your order states that weekends are custodial exercise and weekdays are visits. Even so, that would make your orders sufficiently ambiguous for you to avoid a contempt because you reasonably believe that you have joint legal custody and the joint right to make medical decisions.

Also, if the child is ill, and you reasonably believe that the other parent is not acting in the child's interests, then you must seek medical care. You are not wilfully disregarding the court orders -- you are being forced to act by circumstances beyond your control. Nevertheless, I would try to discuss the issue with the other parent and try to come to a consensus about what's going on. It's hard to believe that the other parent is not interested in getting the kid healthy again.

>
>3)  What should my next step be here, if any, beyond waiting
>it out (we have the evaluation in a week and a half but don't
>know exactly what to expect after that) and hoping for the
>best??

Try to communicate your concerns and get a consensus.

>
>4)  What can we expect after the evaluation...I am assuming
>that we have to wait until the next court hearing for a change
>in the order...but we don't have a date for this as of yet and
>I am sure you can see some sense of urgency here as her health
>is suffering due to the current situation.
>I do appreciate your time and consideration in this matter.

See above.

[Cookiemomma4]

>>My questions-
>>
>>1)
>I'm not a physician. If you believe that the child has a
>bacterial/viral  infection then allergy meds may not be
>appropriate, but it's up to the physician to determine this.
 I understand this, but I guess I am looking for a legal view...primary docs office would not return my phone call last night so the situation is unclear.  I am guessing we need to call for clarification just in case.

>>2)  
>It seems highly unlikely that your order states that weekends
>are custodial exercise and weekdays are visits. Even so, that
>would make your orders sufficiently ambiguous for you to avoid
>a contempt because you reasonably believe that you have joint
>legal custody and the joint right to make medical decisions.
>
>Also, if the child is ill, and you reasonably believe that the
>other parent is not acting in the child's interests, then you
>must seek medical care. You are not wilfully disregarding the
>court orders -- you are being forced to act by circumstances
>beyond your control. Nevertheless, I would try to discuss the
>issue with the other parent and try to come to a consensus
>about what's going on. It's hard to believe that the other
>parent is not interested in getting the kid healthy again.
Although seemingly unlikely, in my initial quotes is the exact temp order that was put in place by the custody master and that is what it states.  Knowing that we can take her to the doc anyway truely helps.  I thank you!

>>3)
>Try to communicate your concerns and get a consensus.
Primary parent feels that the child is "fine" and has "documentation" to "prove" this.  (you may recall a question that I posted in the past of a physical stating that everything was "normal" the same day that the allergy medication was perscribed and only 3 days before she had teeth pulled do to decay ect.)  We have been back and forth on it and I am truely wondering where the magic line is that makes her not fine between our 2 homes.  
Primary parent has not taken the child back to the doc since Children and Youth worker came to the priliminary hearing to say that this is not a case that they would get involved in.  Previous to the short and pointless investigation by Children and Youth, primary parent had not had the child to the doc in over 7 month dispite her being sick numerous times as documented by the Emergicenter physicians.
 
>>4)  
>See above.
While I do understand what you are saying, the situation is so frustrating because it seems that there is nothing that can be done to protect the child's health until the courts take action or give us another date.   Once again, I thank you for your time in this matter.

[socrateaser]

I just noticed that your order provides for "shared" legal custody. That's all you need to make independent healthcare decisions on behalf of the child, unless there's some specific statement in the court order restricting your authority in this area.

The wording, "dinner visit," is just an unfortunate use of words -- it's not a statement that you're exercising visitation, because you already have joint legal custody.

So, you're "good to go."

[Cookiemomma4]

Excellent.  I thank you so much as I thought that the term visit limited decision makeing as in although it makes the person a part of decisions does not have "primary hold" to take action if that makes any sense.  I thank you so much because now I at least know that she can be taken on Wed during that visit if nothing else (yes, I am assuming she will not be better as this has been the case numerous times in the past).  

Again, thank you, thank you, thank you!