Legal Question in Family Law in Massachusetts
My daughter and her ex have joint custody of the two girls.The dad has primary but the girls have been living with the mother for 3 years and the dad don't really have anything to do with the girls except a phone call once in a while. Any way my daughter went to court to get primary but when the ex was served in was invaild so the judge gave her primary custody for 30 days. She had him served again the right way but the 30 days have past and she is now waiting for a new court date. But here is the problem, they just found out that one of the kids (10)yrs old has A.D.D. and the dad refuses to let her go on the medication . Can he stop the mother from giving the meds to her?
2 Answers from Attorneys
If under the terms of the separation agreement the parties must agree on medical treatment, then she should file a motion for temporary orders and ask the Judge to order that the child receives the medicine. If the agreement does not require such an agreement of the parties, then the mother can give consent and give the child the medication. If this goes before a Judge, your daughter will need to bring a full set of medical records to court.
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