Contempt charges dismissed


#1

I share custody with Mom
Mom has final decision making authority in the case we do not agree

BUT

She must consult with me prior to making final decisions and allow me time to research decision in no event shall that be less than 14 days.

We were having my son evaluated for ADHD

Prior to the follow up appointment Mom wrote a letter to the doctor stating she wanted to try medication and ruled out other options. (The doctor was aware of her final decision making authority)

During the appointment was the first time I was told of this letter and request.

The doctor wrote a prescription for medication.

I asked them to give me time for a second opinion prior to medicating.

I was denied.

I again stated I did not want to do this and would not given the circumstances. Dr. stated It would not be harmful if I did not give the medication during my time and put that in writing.

Mom started medication our child that day.

Mom came to the school and medicated our child during my parenting time.

I filed contempt and is was dismissed for these reasons:

The judge felt the final decision was made by the doctor not Mom because Mom could not write the prescription but just request it.

The judge felt Mom was ok medicating our child during my time because the prescription was written to be given once a day.

I am thinking of appealing this because while it is understood the Doctor has to write the prescription I believe he did not have the Authority to decide if and when we would fill it and give it to our child. Mom was completely in control as to whether we waited for the second opinion I requested.

What do you think?


#2

I do not agree that your argument will change the results here, as under normal circumstances a medication which is prescribed by a doctor is administered.