Legal Question in Family Law in Texas

How can I get my ex-wife to stop giving my kids medication that I don't deem necessary and dangerous. My son has been diagnosed as ADHD on the low end of the autism spectrum. He is now being given Zoloft and abilify. I believe my ex is driving this bus, along with the psychologist. On top of ADHD medication, it seems he is being given something new every time he has a behavior problem. On top of this she is giving my daughter medication for ADHD and being bi-poler. I feel that these are dangerous and not necessary, especially for my daughter. How can I stop this, even though they live under her roof?


Asked on 2/27/13, 9:10 pm

1 Answer from Attorneys

Thomas Daley KoonsFuller PC

It depends on how the rights and duties were set up in the orders you have in place. If she has the exclusive right to make those decisions, then you need to ask the court to give you the right ot make those decisions instead, but you will have an expensive law suit on your hands.

If you have independent rights, then you should start attending the appointments with the treating physicians and see why the doctor thinks those medications are a good idea. Maybe you can talk the doctor out of prescribing them.

If all else fails, you will have to file a lawsuit and then try to get the judge to either give you more/all decision-making power OR appoint a parenting facilitator/coordinator.

These are very complicated issues and judges (and lawyers) should not be making medication decisions for children. Instead, the goal should be to get the judge to put in place a framework for having educated professionals (e.g. doctors) make those decisions in concert with the parents. In other words, don't spend a lot of money on attorney's fees expecting the judge to order that medications stop or that other medications be given.

First step: Make sure the doctor knows that you exist, that you care, and that you want to be notified of appointments so that you can attend.

Good luck!!

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Answered on 3/10/13, 10:13 pm


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