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Can refusing the child’s medication warrant a custody modification?

The best interest of the child is always the main priority of the parents and the court. During a divorce, it may be tough to leave your child in the hands of your ex. You worry if they are responsible enough to take care of your child, even if the court already granted them custody or visitation rights.

Although these are valid grounds, everything has to be based on fact and proof. But what if you have evidence that your ex is refusing to give your child their medication, does that immediately warrant a custody modification?

Should I go to court immediately?

Many people make the mistake of immediately lawyering up and going to court whenever they notice a flaw in the way their ex parents their child. But this is not ideal, as the litigation can be unsuccessful and expensive. You end up spending too much money on a failed attempt at modifying your custody. Being too defensive at the beginning can harm your case.

Before taking legal action against your ex for refusing to give your child’s medication, you have to do your part. Going to court should be in the final tier of actions you take.

So what should I do first?

First and foremost, what you have to do is to communicate with your ex. Find out why they are refusing to give your child the medications prescribed. Hear them out because they might have a valid and justifiable reason for their position. Try to educate the other party and learn their side of the situation.

If your ex still does not comply or refuses to, then you can seek court action. What you’re looking for is the modification of parenting time and decision-making, for which you will need supporting data that can backup your motion.

Before anything else, make sure you are doing your part first by communicating with your ex instead of immediately resorting to the extremes. Communication can go a long way in changing behaviors. So open up before lawyering up.

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Todd
Burnham

Founding Partner

Boulder

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