Asked in Family Law and Child Custody for North Carolina

Q: Son's mother does not have legal custody of any kind .. Can she put our 6yr old on ADHD meds even he has not shown sign

He's never shown signs of needing them before ...can she put those meds on him without my knowledge or consent?

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Amanda Bowden Johnson
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Answered
  • Divorce Lawyer
  • Jacksonville, NC
  • Licensed in North Carolina

A: Unless the mothers parental rights have been terminated or some other court order / agreement has divested her of custody then she has plenty of 'legal custody'. That said, unless she is a doctor, she can not put her son on prescription ADHD medication but she certainly can take the child to a doctor who will. Again, unless there is some court order or agreement to the contrary, she doesn't need any one's permission or consent to take her son to a doctor. So the real question you ought to be asking is likely not can she do it but what you can do about it. If you are opposed to your child being on ADHD medication and the mother is unwilling to discuss the matter with you, your only legal option is to consult with a local family law attorney who can review your situation and provide you with possible options to stop her - if there are any. Best of luck!

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