[GA] Can a parent with joint legal custody start a child on ADHD medication without the other parent’s consent?

GA Family Law

Richard

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Based on your situation, there are several legal arguments and considerations in custody agreements that could potentially support your case:

Joint Legal Custody: In a joint legal custody arrangement, both parents are typically required to make major decisions together regarding their child's welfare, including medical treatments. Georgia law defines joint legal custody as both parents having equal rights and responsibilities for major decisions concerning the child, including health care (GA Code § 19-9-6). If one parent makes a significant medical decision without consulting the other, it may be considered a violation of the custody agreement.
Emergency Decisions: While emergency decisions can be made by one parent, the use of medication like Adderall, which is not typically an emergency treatment, might not fall under this category. This could further support the argument that the decision should have been made jointly.
Parental Alienation: The texts you mentioned about the stepdad being called 'dad' could be relevant in a parental alienation claim. Parental alienation involves one parent attempting to undermine the child's relationship with the other parent, which can be a serious issue in custody cases. When deciding custody, Georgia courts consider each parent's willingness and ability to encourage a close and continuing relationship between the child and the other parent (GA Code § 19-9-3).

Let me know if you have any questions or clarifications.

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I need a consult on a family court possible custody agreement violation.

Lexi, Chatbot

I understand that dealing with custody agreement issues can be very stressful. Can you please share how the violation occurred?

Our agreement is joint custody. The other party put our son on Adderall without consulting me.

Lexi, Chatbot

Have you already taken any steps to address this violation, such as communicating with the other party or seeking mediation?

Not yet, I do not believe they will accept lowest level mediation.

Lexi, Chatbot

Is there anything else the Family Lawyer should know before I connect you? Rest assured they'll be able to help with your custody agreement violation.

No.

Richard

Hello. My name is Richard and I have been a licensed attorney for over 25 years and hope to be of assistance. I understand you're dealing with a situation regarding a possible custody agreement violation where the other party put your son on Adderall without consulting you. Just a note, this conversation does not create an attorney-client relationship. I can answer your questions for educational purposes only. Could you tell me more about any specific concerns you have or steps you've taken so far?

I haven't taken any steps as of yet, I just found out today. This is on top of a building parental alienation case where I have her texts defending her decision to have step dad be called just 'dad' by our son.

Richard

I understand this is a difficult situation. Could you let me know if there is a formal custody agreement in place, or is it more of a verbal understanding between you and the other party?

We have a written agreement from the county court in Georgia.

Richard

Thanks for sharing that. Could you tell me if the agreement specifies how medical decisions should be made for your son? This will help us understand if the other party's actions might be a violation.

Emergency decisions are to be made by individual parents and the other notified ASAP. Otherwise, major decisions are in a joint legal agreement structure.

Richard

Based on your situation, there are several legal arguments and considerations in custody agreements that could potentially support your case:

Joint Legal Custody: In a joint legal custody arrangement, both parents are typically required to make major decisions together regarding their child's welfare, including medical treatments. Georgia law defines joint legal custody as both parents having equal rights and responsibilities for major decisions concerning the child, including health care (GA Code § 19-9-6). If one parent makes a significant medical decision without consulting the other, it may be considered a violation of the custody agreement.
Emergency Decisions: While emergency decisions can be made by one parent, the use of medication like Adderall, which is not typically an emergency treatment, might not fall under this category. This could further support the argument that the decision should have been made jointly.
Parental Alienation: The texts you mentioned about the stepdad being called 'dad' could be relevant in a parental alienation claim. Parental alienation involves one parent attempting to undermine the child's relationship with the other parent, which can be a serious issue in custody cases. When deciding custody, Georgia courts consider each parent's willingness and ability to encourage a close and continuing relationship between the child and the other parent (GA Code § 19-9-3).

Let me know if you have any questions or clarifications.

If you have an email I can send the agreement to, I can send the PDF over.

Richard

I can't perform a full legal document review here, but I'm more than happy to continue discussing general legal information to help you navigate your situation. Let me know if there's anything specific you'd like to know or discuss further!

Richard

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