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Change of circumstance?

Started by backwardsbike, Jun 25, 2006, 05:43:49 AM

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backwardsbike

All parties in PA.  I am NC.

We have ongoing issues with regard to Cp not keeping regualr doctor appointments for the children adn not filling or giving perscription meds.

About a year a go I called CPS to ask what their advice was for getting my children the meds the docotr perscribed.  I was told to ake a report.  I did this.  CPS advised me that if a child showed up for visitation ill again that I needed to call them prior to making a doctor's appointment.  They provided me an emergency number for them.

Last week my child came to visitation ill.  I needed the perscription med which is ordered to be used on an as needed basis.  X informed me of the pharmacy he uses.  When I called to refill the acript I was told it expired 18 months ago.

I called the docotr's office to obtain anew perscription.  Was told they neeed to see child first. X had failed to keep clinic appointment for recheck. Took two days to get an appointment.

Called CPS.  Was told that I needed to ask the doctor if not keeping the reckeck appointment adnnot getting the perscrition refilled was considered medical neglect.  A physican's assistant was handeling my appointment with DD and basically told me to take a hike and that they were only interested in examining DD.

I informed CPS of what had transpired adn said that according to doctor's office it seemed not o be that serious.  I thought my whole complint was pretty much toast at that point without the doc saying it was neglectful.

But CPS asked meif I would be willing to consider the case resolved if they could assure me that the meds would be available for the child's use on a daily basis from now on.  I said that I would consider it resolved in this case.

CPS has asked me to sign a relaese for the records from the doc.  They are aslo going to see DD in CP's custody next week.

We are aslo awaiting a date for a hearing on a contempt petiton where the contempts revolve around CP not allowing me FROR time with chidren, failure to follow Co with regard to keeeping me informed of children's activites and commitments so that I can schedule and plan paretnting time to maximize children's particpation in acitvites. ANd X keeping information from me with regard to the children choosing courses for the next school year so that I had not input into the decision making process.

Questions:

Would CPS involvement due tot he medication issues be considered a change of circumstance?

Would this in combination with the contempts against the CP be enough to warrant a change in custody?

socrateaser

>Questions:
>
>Would CPS involvement due tot he medication issues be
>considered a change of circumstance?

Probably not. The change in circumstances is allowed the prescription to lapse for 18 months and not having the child routinely checked by a physician.

CPS' involvment is just a means of obtaining some third party objective evidence to support your change of circumstances claim.

>Would this in combination with the contempts against the CP be
>enough to warrant a change in custody?

It may be sufficient to warrant a new custody determination, the result of which may be a change of custody order. It's really difficult to state unequivocally, one way or the other without knowing the judge who will hear the case. Even then, this evidence in exclusion, is probably not gonna get you where you want to go. You need to show that the child is in distress because of the other parents' ommissions. That is the key.

PS. Next time a nurses' assistant tells you to take a hike, you tell him/her that if you're not in the room with the kid, that you won't consent to the exam. Don't let yourself be pushed around.

backwardsbike

Sorry to mislead.  I wasn't asked to take a hike as in not be present for the exam.  I was told to take a hike as in the office was not gonna get involved in any CYS issues and just wanted to do the exam.

backwardsbike

All parties in PA.  I am NC.

We have ongoing issues with regard to Cp not keeping regualr doctor appointments for the children adn not filling or giving perscription meds.

About a year a go I called CPS to ask what their advice was for getting my children the meds the docotr perscribed.  I was told to ake a report.  I did this.  CPS advised me that if a child showed up for visitation ill again that I needed to call them prior to making a doctor's appointment.  They provided me an emergency number for them.

Last week my child came to visitation ill.  I needed the perscription med which is ordered to be used on an as needed basis.  X informed me of the pharmacy he uses.  When I called to refill the acript I was told it expired 18 months ago.

I called the docotr's office to obtain anew perscription.  Was told they neeed to see child first. X had failed to keep clinic appointment for recheck. Took two days to get an appointment.

Called CPS.  Was told that I needed to ask the doctor if not keeping the reckeck appointment adnnot getting the perscrition refilled was considered medical neglect.  A physican's assistant was handeling my appointment with DD and basically told me to take a hike and that they were only interested in examining DD.

I informed CPS of what had transpired adn said that according to doctor's office it seemed not o be that serious.  I thought my whole complint was pretty much toast at that point without the doc saying it was neglectful.

But CPS asked meif I would be willing to consider the case resolved if they could assure me that the meds would be available for the child's use on a daily basis from now on.  I said that I would consider it resolved in this case.

CPS has asked me to sign a relaese for the records from the doc.  They are aslo going to see DD in CP's custody next week.

We are aslo awaiting a date for a hearing on a contempt petiton where the contempts revolve around CP not allowing me FROR time with chidren, failure to follow Co with regard to keeeping me informed of children's activites and commitments so that I can schedule and plan paretnting time to maximize children's particpation in acitvites. ANd X keeping information from me with regard to the children choosing courses for the next school year so that I had not input into the decision making process.

Questions:

Would CPS involvement due tot he medication issues be considered a change of circumstance?

Would this in combination with the contempts against the CP be enough to warrant a change in custody?

socrateaser

>Questions:
>
>Would CPS involvement due tot he medication issues be
>considered a change of circumstance?

Probably not. The change in circumstances is allowed the prescription to lapse for 18 months and not having the child routinely checked by a physician.

CPS' involvment is just a means of obtaining some third party objective evidence to support your change of circumstances claim.

>Would this in combination with the contempts against the CP be
>enough to warrant a change in custody?

It may be sufficient to warrant a new custody determination, the result of which may be a change of custody order. It's really difficult to state unequivocally, one way or the other without knowing the judge who will hear the case. Even then, this evidence in exclusion, is probably not gonna get you where you want to go. You need to show that the child is in distress because of the other parents' ommissions. That is the key.

PS. Next time a nurses' assistant tells you to take a hike, you tell him/her that if you're not in the room with the kid, that you won't consent to the exam. Don't let yourself be pushed around.

backwardsbike

Sorry to mislead.  I wasn't asked to take a hike as in not be present for the exam.  I was told to take a hike as in the office was not gonna get involved in any CYS issues and just wanted to do the exam.