Legal Question in Family Law in Virginia

Joint Custody, one parent will not medicate child

My son has been diagnosed with ADD/ADHD and is prescribed medication to help. Mother - me - has physical custody with father sharing joint custody. On visitation days father refuses to give medication to child. Will courts make him medicate or could he lose visitation on school days as a result of this? We have a court date schedule for Jan. 20.


Asked on 1/12/04, 6:50 pm

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Joint Custody, one parent will not medicate child

If the child requires certain medications which his father is refusing to administer when the child is in his care and custody,the court would be duty bound (in considering what is in the child's best interests) to consider whether the father's visitation schedule should be modified

to take into consideration this particular fact.

And you as the child's custodial parent are reponsible for making sure that the court is aware of this information at the upcoming hearing.

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Answered on 1/13/04, 10:42 am


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