What action to take????

[Imom]

Soc,

This is regarding Medication
My son is on ADHD meds and hs been for 4 years. He started to have problems in May of 2005 with exercise; breathing heavy,wheezing, coughing, etc. He was diagnosed with exercise induced asthma. He was given an inhaler to use 20 mins before exercise/heavy play.

He goes with his Mother during the summer (1 week after the school year until 1 week before the school year). That first summer he never used his inhaler my ex claims he had no problems.....my son age 10, states his Mother would not allow him to use it.

My ex has a history of not giving him his medication for the ADHD I do not complain about that because its not life threating.

Upon my son's return in August he continued to have problems with exercise and was given Singulair his mother failed to give him this medication also over Thanksgiving.

I did send her a letter simply explainning that there may have been a misunderstanding that this medication was given to treat son's asthma I stated in the letter everything the doctor had told me, and that the doctor would be willing to talk with her over the phone.

For Christmas my son states that he took it off/on either if she left in on the counter for him or when his 14 year old brother gave it to him.

My son has not been to the doc in her area for 2 years and with summer approaching I am sure that once the supply runs out (I send enough medications for the short visits then what ever I have left for the summer) she will not take him in for a refill or second opion to have the medication stoped.

I feel and the doc here feels this medication is necessary and her not giving our son this medication sets him up for an attack then she refuses to allow him to take his inhaler.

I am sure there is nothing I can do at this point other then to wait until his supply runs out and get in touch with the his doc there, should at that point I find out that she has not taken him in for an exam and refilled the medication or have not gotten an approved discontinuance of the medication...

1. What action can/should I then take?

[socrateaser]

>1. What action can/should I then take?

If this is an issue, then you should file a motion for clarification/enforcement, and ask that the court specifically order the course of medication as prescribed by the doctor. Then, if the child says that the other parent isn't allowing it, you can move for contempt and she will be sanctioned, and/or you can request that the summer visitation be terminated immediately.

[Sunshine1]

Really?  You can motion for summer visititation to be terminated on that premise?  We are experiencing this EXACT same problem with BM and SS medication..no kidding, identical stories.

She not only refuses or does not administer properly, it is documented that she does not take her own medication for her mental illness, so leaving her with SS's medicaiton is kind of the same situation.  She just doesn't do it.  He won't die without it, it is a preventative medication...so he doesn't have an attack. In our instance summer vacation comes in 2 week intervals in June, July, August.  He can't go 2 weeks without it..especially in the summer with activity being so high.

On BM's weekend visits I send only Saturday's dose so she doesn't keep it all and we make sure he recieves Friday and Sunday when he comes home.  She won't even give the Sat. dose.   All the proof I have is SS telling us she won't give it to him or she "forgot".

(I have had this done/ordered with my EX to give meds as prescribed but have not had to go the extra mile with the summer visits because we do EOW all year round...  This is getting worse with BM, she won't even give an asprin if we told her he needed it)

1 At what point do you motion for termination of summer visitation?

2 After how many weekends would you say with consistant denial of medication would you motion for meds to be given as prescribed and or termination of summer visitation?

(can't use my experience for DH's experience because my son's meds are life threatening if not taken, as compared to SS it is a preventative med)

[socrateaser]

>1 At what point do you motion for termination of summer
>visitation?

The objective is to show that the other parent has contempt for the court's prior orders. If you have obtained orders mandating the administration of the medication, and the other parent tells the child "I don't think so," then that's contempt, and the proper sanction is for the court to order parenting in a manner that will ensure that the medication is administered. Under the circumstance, the only way to accomplish this is to terminate the offending parent's parenting time immediately.

It's actually pretty straightforward, if you have proof, which means that the child needs to be mature enough to testify competently, and the orders are already in place mandating the meds be administered.

>2 After how many weekends would you say with consistant denial
>of medication would you motion for meds to be given as
>prescribed and or termination of summer visitation?

Depends on your proof. Three I think would be sufficient, especially if you provided a written request after each occurance, stating that after the third time that you would be forced to seek legal relief.

[Imom]

1. Do I need to do this now or wait until this summer?

2. Do I need to  subpoena the medical records and the doctor to testify?

[Imom]

I think I answered my #1.....I should move forward and and ask for the clarification/modification to order the contiuned treatment now to already have that in place.

1. Do I need to subpoena the medical records and the doctor to testify?

2. What do I need to state in this motion? IE:
               
   a) do I need to state the dates the medication where each prescribed, the dates I notified the Mother.

   b) do I need to state that the child indicated his Mother would not allow him to use his inhaler and is not administering the medication as prescribed?
 
   c) anything else?

[socrateaser]

>1. Do I need to subpoena the medical records and the doctor to
>testify?

Most preliminary motion hearings are done entirely on affidavit, so if you provide copies of the record and a sworn affidavit from the doctor stating that it is his expert medical opinion that the child should take the medication as prescribed, then that should be sufficient, unless the court wants to hear from the doctor, or the other party objects.

It really depends on how your courts deal with evidentiary hearings.

>2. What do I need to state in this motion? IE:
>              
>   a) do I need to state the dates the medication where each
>prescribed, the dates I notified the Mother.

That would be good.
>
>   b) do I need to state that the child indicated his Mother
>would not allow him to use his inhaler and is not
>administering the medication as prescribed?

That would be good, too.
>  
>   c) anything else?

lol. Depends. Why don't you write a motion and then post it here and I'll review.

[Sunshine1]

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