Legal Question in Family Law in Missouri

Medical Neglect

My ex husband has custody of my 11 y.o daughter. She had a double lung transplant 15 months ago. I now have PROOF from the pharmacy that he is not refilling prescriptions in timely manner (1-6 weeks late) that she needs to survive. She has had two hospital stays in the last three months that can be directly linked to lack of medication. What can I do to get custody before it is too late???


Asked on 4/22/03, 9:04 am

2 Answers from Attorneys

Re: Medical Neglect

You can file a Motion to modify the Court's custody order requesting that the Court award you full custody of your daughter with your ex-husband to have visitation rights. The Court will then review your motion and, depending upon the facts, may amend the custody order and grant you custody of your daughter if the court finds that it is in the best interests of the child.

Considering the importance of what is at stake, I would highly recommend that you hire the services of an attorney to assist you with such a motion. If I can be of further assistance, feel free to give me a call. Best of luck.

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Answered on 4/22/03, 9:32 am
Michael R. Nack Michael R. Nack, Attorney at Law

Re: Medical Neglect

In order to obtain a change in custody, you will need to file a Motion to Modify in the Court which granted custody to your ex-husband. It appears from the facts stated in your question that you would easily be able to plead and prove that there are substantial and continuing changes in the circumstances of the minor child and the custodial parent which make the terms of the previous Court Order unjust and unreasonable. You would also need to convince the Court that it would be in the best interest of the minor child for custody to be changed. Sometimes this turns out to be relatively easy where the custodial parent is willing to make the change. In other cases the process can be somewhat difficult and somewhat expensive. If you are located in the greater St. Louis Metropolitan area, I would be happy to give you a free consultation. I have handled many cases concerning custody issues in the twenty-five years I have been practicing. You may call me at 314-727-2822. No matter whether you call or not, I truely hope that everything turns out well for you and your daughter.

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Answered on 4/22/03, 2:30 pm


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