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Not giving prescribed medication?

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cascole

Junior Member
What is the name of your state? CA

My son was in the care of my ex overnight this past weekend. He had been diagnosed with strep, so I sent his antibiotics and instructions along and explained the dosage etc to his father. When my son returned home, he told me that dad only gave him one dose during his time with him. (He should have had 5, but the timing was such that 4 would have been OK if I gave it as soon as he arrived home.) I have sent my ex a note stating my concerns, but have received no response. Are there any legal means to ensure he gives prescribed medication?
 


KKHeuser

Member
cascole said:
What is the name of your state? CA

My son was in the care of my ex overnight this past weekend. He had been diagnosed with strep, so I sent his antibiotics and instructions along and explained the dosage etc to his father. When my son returned home, he told me that dad only gave him one dose during his time with him. (He should have had 5, but the timing was such that 4 would have been OK if I gave it as soon as he arrived home.) I have sent my ex a note stating my concerns, but have received no response. Are there any legal means to ensure he gives prescribed medication?
No, there are no legal means in which to force the NCP to give medication. Since, I do not know what is in your custody order I can only suggest you read them to see if there is a illness clause for cancelling visitation. In the case of an illness as contagious as Strep, I would have cancelled the visitation for that weekend and offered the following weekend as a make up.
 

casa

Senior Member
cascole said:
What is the name of your state? CA

My son was in the care of my ex overnight this past weekend. He had been diagnosed with strep, so I sent his antibiotics and instructions along and explained the dosage etc to his father. When my son returned home, he told me that dad only gave him one dose during his time with him. (He should have had 5, but the timing was such that 4 would have been OK if I gave it as soon as he arrived home.) I have sent my ex a note stating my concerns, but have received no response. Are there any legal means to ensure he gives prescribed medication?
There are several mentions in CA code re; giving a child prescribed medications. They usually refer to medications taken on an ongoing basis (such as diabetes, thyroid, ADD, seizure disorder etc.), as opposed to 'acute' or temporary illness such as strep throat. A one time incident, with only a child's version of how many doses they were given- is likely not going to be sufficient cause to start anything in court or denying visitation. I would, however, document it and possibly contact the Dr. to make the incident a part of the child's record. If the child visits frequently enough and the other parent neglects their prescriptions enough that the child is unable to recover or begins to have chronic illness behind it- then this documentation will be vital. But much depends on whether the other parent makes a habit of neglecting the child's medicinal needs and therefore their medical health overall.

Wait to see if you get a response from the other parent. It's possible it was not intentional but more of an oversight.
 

cascole

Junior Member
Thank you, I will document the incidence & hope it doesn't happen again. I don't want to deny visitation (and didn't want to ask to trade weekends, as it was his time for Christmas day)... I just want the kids well being to be a priority.
 

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