medical testimony

[castepmom]

What is the name of your state? PA
Ok...I will make no secret here. I am the step mom.

My husband's ex is the CP. They have shared legal custody of their two children (10 & 8). The 8 year old is an insulin dependant diabetic, since 3 years old.

My question is this. If the child's doctor has told us several times that mom is not giving proper care and that the childs health is in danger if the care continues. And has reqeusted to see mom, and mom refuses to go. And has suggested that mom and child go to diabetic education and mom refuses. Can we use this in court to try to change custody.

I have been told by 2 different attorneys that most judges here in my state will give mom a slap on the wrist and tell her to straighten up. And that the child pretty much has to be hospitalized as a result of mom's negligance for us to even try to get custody.

any thoughts???

 

[sunnyin_fl]

After talking to two attorneys and they both said the same thing, that that is what would happen...but you never know.

You have to start somewhere...for those of you legal eagles out there....is the such a thing as contempt for medical neglect?

 

[milspecgirl]

my sd is also a insulin dependent diabetic. my hubby had custody when they found out, but since mom refused training and to take care of it correctly, she is on supervised visits only. SD has been diabetic for 7 years now and mom has still refused all training. There is definitely reason to push this issue seriously. keep taking it to court- eventually if she doesn't straighten up , they will do something. If possible, talk toan atty about filing emergency custody change due to medical neglect. You will need a powerful stmt from the Dr about the neglect

 

[Zephyr]

maybe taking mom to court for it will "wake her up" and then she will care for the child properly, at the least it will get it on record with the court that this is an issue, then if you have to go back 2 or 3 more times for the same issue, mom will be in trouble, so there really is not a down side to taking this to court

 

[castepmom]

Mom is diabetic too. She feels that she doesn't need training, or any doctor to tell her how to take care of her child. She does what she wants. The last visit with the doctor was 11/06. My husband and I took the child. The doctor said that he needs to see mom, the primary care giver because the child sugar's are out of control. And mom needs to get a handle on things. We left it up to mom to make the appointment. The child is supposed to be seen every 3 months. Her apointment is 8/24/07 (10 months later). The only reason the appointment was made is because the school requires a signed document from the doctor detailing the care required.

I could go on and on about the care issues with mom. The issues with the school, teachers, homework, grades, healthcare, the sitter, children working outside the house, meals...ect. none of it is good.

My husband and I know that both children would be in a better, healthier envioronement with us. But told that Dad does'nt have any rights, children belong with their mother.... So frustrated....

 

[casa]

Mom is diabetic too. She feels that she doesn't need training, or any doctor to tell her how to take care of her child. She does what she wants. The last visit with the doctor was 11/06. My husband and I took the child. The doctor said that he needs to see mom, the primary care giver because the child sugar's are out of control. And mom needs to get a handle on things. We left it up to mom to make the appointment. The child is supposed to be seen every 3 months. Her apointment is 8/24/07 (10 months later). The only reason the appointment was made is because the school requires a signed document from the doctor detailing the care required.

I could go on and on about the care issues with mom. The issues with the school, teachers, homework, grades, healthcare, the sitter, children working outside the house, meals...ect. none of it is good.

My husband and I know that both children would be in a better, healthier envioronement with us. But told that Dad does'nt have any rights, children belong with their mother.... So frustrated....

I don't know who you've "been told" by...but medical & education neglect are serious issues & legitimate reasons to petition for a change in custody.

Dad needs to file NOW. Perhaps Mom would get an admonishment at FIRST...but if Dad doesn't start the paper trail now, he won't be able to prove she's repeatedly ignoring her child's needs. Get the trail started....

 

[Ohiogal]

Why did dad wait if the child is supposed to see the doctor every three months and you say it has been TEN???? Sounds like dad is also neglecting the child's medical care.

 

[milspecgirl]

i can tell you dad stands an excellent chance. My hubby has custody of his 12 yo daughter and has for 9.5 years. Mom is on supervised visitation due to diabetes. and mom's dad is also a insulion dependent diabetic- means nothing. Your husband needs to talk to atty. My suggestion is that dad hire an atty and be ready to file ER custody as soon as he takes child back to Dr and gets the bad results AGAIN! Judges take medical neglect very seriously

 

[castepmom]

When we took the child in November to the doctor. The doctor asked that mom bring her to the next appointment. We cannot make appointments for mom, due to her work, she must schedule her own stuff. So she told us that the appointment was scheduled for march. In March we asked mom about the appointment several times, she said not to worry about it. We even went to far as to call the doctor to confirm the date of the appointment. Mom 'forgot' and didn't take her. Then tried to reschedule. The office could not get her another appointment until July and that interfeared with mom's vacation, we offered to take her and mom just cancelled the appointment and made the new one for August.

 

[castepmom]

i can tell you dad stands an excellent chance. My hubby has custody of his 12 yo daughter and has for 9.5 years. Mom is on supervised visitation due to diabetes. and mom's dad is also a insulion dependent diabetic- means nothing. Your husband needs to talk to atty. My suggestion is that dad hire an atty and be ready to file ER custody as soon as he takes child back to Dr and gets the bad results AGAIN! Judges take medical neglect very seriously

if judges take medical neglect seriously...what do we need. The attorneys are telling us that we need to have her doctor come to court and say that mom is in the wrong. I can't even begin to tell you how hard it is to get a pediatric endocronoligst appointment, let alone for them to appear in court.

I should mention that this is in Dauphin County..and every time I speak to an attorney about it, the roll thier eyes and tell me the Judges Favor the Mom.

Do you think I haven't found the right attorney?

 

[casa]

When we took the child in November to the doctor. The doctor asked that mom bring her to the next appointment. We cannot make appointments for mom, due to her work, she must schedule her own stuff. So she told us that the appointment was scheduled for march. In March we asked mom about the appointment several times, she said not to worry about it. We even went to far as to call the doctor to confirm the date of the appointment. Mom 'forgot' and didn't take her. Then tried to reschedule. The office could not get her another appointment until July and that interfeared with mom's vacation, we offered to take her and mom just cancelled the appointment and made the new one for August.

Dad needs to file documentation (via Dr's records) that he requested Mom take her & why...and the corresponding cancellations. This is very serious.

 

[Ohiogal]

Dad needs to file documentation (via Dr's records) that he requested Mom take her & why...and the corresponding cancellations. This is very serious.

The documentation also needs to be certified and testified to by either the record's custodian or the doctor. you can always subpoena the doctor -- they cannot ignore a court order.

 

[casa]

if judges take medical neglect seriously...what do we need. The attorneys are telling us that we need to have her doctor come to court and say that mom is in the wrong. I can't even begin to tell you how hard it is to get a pediatric endocronoligst appointment, let alone for them to appear in court.

I should mention that this is in Dauphin County..and every time I speak to an attorney about it, the roll thier eyes and tell me the Judges Favor the Mom.

Do you think I haven't found the right attorney?

The Dr. does not need to appear in court...the child's medical records will reflect the Dr's wishes to have Mom attend, his concerns, and the corresponding cancellations. The records can be the Dr's testimony.

Same thing goes for report cards, truancy, etc. etc. Those are records and they speak volumes to the court.

 

[casa]

The documentation also needs to be certified and testified to by either the record's custodian or the doctor. you can always subpoena the doctor -- they cannot ignore a court order.

Good ol' subpoena

 

[castepmom]

so if the doctor is docuemting everything in the childs records as he says he is...then we can have the records requested and they can stand? that is a load off of my mind.

We have been working with an attorney for a while, but keep getting told to do more documentation, that we don't have enough.

The report cards are telling as well. Behavior issues, grades. And the teachers have commented about mom's home activites. They state that mom doesn't help with homework, and just sends the papers back with notes that she didn't understand it and to just keep the child in from recess and explain it to them. Can we reqeust e-mails from the teacher to mom? And what about the homework journals and planners?