sole parental responsibility in regards to medical treatment

[justme73]

i have heard it is difficult to get an order stating that one particular parent has sole parental responsibility in regards to certain areas such as medical care.

In our situation, the other parent changed his mind on whether he believed the child had asthma. he did not attempt to contact the pediatrician to discuss it, nor did he discuss his concern with me. instead he stopped administering all asthma medication, including the daily preventative.

this caused an increase in frequency and severity of the child's attacks. the pediatrician called children and family services to investigate, because thru questioning the child, he learned that not only did the parent not administer prescribed medication, but also smoked around the child.

it took almost a year, dragging him and our child to three other physicians, giving the same diagnosis, as well as the DCFS investigation before he began to administer proper medication.

he still attempts to discredit the pediatrician and original allergist, stating that the regimen she was prescribed was what was making her sick. even the new allergist and pulmonologist has stated that the reputation of the other physicians is solid, their diagnosis is proven, and the medication they prescribed is not unusual or harmful.

even now, the other parent does not always properly administer the emergency relief medication. at times leaving her to go through days of wheezing, until i get her back and take her to the doctor.

this is causing her physical harm. every time that an asthma flare-up or attack is not treated properly, there is a VERY high risk it is causing permanent damage (scaring) to her lungs. in the long run this will cause her asthma to increase in severity and of course the scaring is irreversable.

1. would this type of situation be large enough in terms of 'irreparable harm' for the court to order me to have 'sole parental responsibility' with regards to medical treatment?

2. how would i effectively present the request, aside from all of the documentation i have and having to go to trial to call the physicians as expert witnesses?

ps not sure if it matters, but i will soon have my registered nurse degree.

[socrateaser]

>1. would this type of situation be large enough in terms of
>'irreparable harm' for the court to order me to have 'sole
>parental responsibility' with regards to medical treatment?

If you can get an affidavit from one of the child's doctors, then that would be sufficient showing of irreparable harm.

>
>2. how would i effectively present the request, aside from all
>of the documentation i have and having to go to trial to call
>the physicians as expert witnesses?

If you get the sworn affidavit, then you will be able to get an order have the other parent appear and show cause as to why custody should not be immediately changed to sole custody in your favor.

It's simply a matter of alleging that the child is in immediate danger and then showing the reason why. If the court agrees, then it will order custody changed, or at least it will order an immediate hearing on the matter of the child's medical care.