Q: My ex denied me ordered visitation because I don't give my child medication for adhd when he's with me, can she do that?
I have ordered visitation. I went to pick up my child at the same time I have for the past 7 years. She denied me the right to pick him up due to me not giving him his medication for adhd. I have never given him it because I feel he doesn't need it and just needs structure as I feel she doesn't provide that and I do. So I don't support the use of medication for adhd. It's not in the agreement that says I have to give him it. Is this contempt of court?
A: Not having seen the specific orders for parenting time, along with your court's standard order for parenting time, my response will necessarily be general. Most courts require the visiting parent to give medications prescribed to a child during that visitation time. Your argument that he is how he is because of some perceived fault on your ex's part will usually not get you very far in court. Thus, you may well be in contempt. She, on the other hand, is likely in contempt for denying your visitation simply because you are not giving the child ADHD meds. It might be different if this were an antibiotic or a maintenance drug like insulin, although some people and doctors look at ADHD meds as being in the latter category. Courts do not appreciate it when two grown adults cannot resolve such petty issues as this between themselves in the best interests of the child. I recommend that you and your ex jointly have a talk with the prescribing physician about this.
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