.jpg)
Photo copyright Wikimedia Commons
Judge Duggan says that non-custodial parent is not a potted plant where medical decisions are concerned
Albany Family Court Judge W. Dennis Duggan dismissed a contempt proceeding Wednesday, August 12, against a non-custodial father who had changed the dosage of his fifteen-year-old daughter's prescription medication while she was visiting him. The girl's mother, known in court documents as Pamela R., initiated the proceeding in a petition filed against the father, James N.
The father, who is a psychiatrist and thus also a medical doctor, "concluded that the treatment regimen prescribed by his daughter's doctor was too aggressive and the prescription strengths were too powerful." The Court stated that "the evidence supports a finding that the father possessed a good faith basis for disregarding the doctor's instructions and, derivatively, the mother's authority as sole guardian."
Judge Duggan stated that "While it is the general principle that the custodial parent possesses the sole authority to make medical decisions for her child, this does not relegate a non-custodial parent to the status of a potted plant."
While Duggan focused on James N.'s position as a doctor, he also stated that he was "not making a finding that the father made a medically correct decision, only that he was reasonably justified in the decision that he made to the extent that he can not be found to have committed a criminal or civil contempt." Furthermore, he stated that the parent who is caring for a child, whether or not he has sole custody, "has a residual authority to make decisions in the child's best interest that are called for by the immediate circumstances--even if those decisions might overlap with or intrude upon the other parent's 'sole custody' authority."
"A custody order is not meant to be a Sword of Damocles," stated Duggan, "hanging over the head of the non-custodial parent who makes an emergency decision in good faith."
The father could have served time in jail if he had been found guilty of criminal contempt.
Comments
This Judge should be commended for his impartial decision to look objectively at the situation and decide the "best interests of the child based on the evidence. This is exeactly why children need 2 parents ! The wrong meds can cause symptoms and diagnoses that can affect a child for life.
Speaking as a teacher and counselor doctors and moms are not always right.
We need more of this type of judge on the bench!!
Judge Duggan is an omnipotent ass. He thinks his power extends past the courtroom, going so far as to inquire, incredulously, asking if a 'responsondent' while in his courtroom was a "man of religious faith"! Judge Duggan, you are a complete ass!
Dugan is pretty biased against mother's rights! I watch as my grand daughter throws up all over herself every time she is MADE to do overnights with her father, she is a baby and has been doing this for 3yrs. it has not gotten better it has gotten worse, she doesn't mind visits it is the overnights, 3 days here 3 days there, 15 days here and 15 days there for a baby???? Dugan has emotionally abused my granddaughter, in my opinion, but where is the outrage, when this judge has this kind of power over people's lives, SPLIT THE BABY IN HALF, TOO BAD FOR THE BABY THOUGH, BECAUSE THAT IS WHO SUFFERS! Dugan and his Solomon complex!! When my granddaughter needs psychological counseling in 20 years because she is unstable but can't figure out why, WILL DUGAN PAY FOR IT???? HE WILL HAVE CAUSED IT! HE IS A DISGUSTING EXCUSE FOR HUMAN BEING, LET ALONE A JUDGE!
Got something to say?
Examiner.com is looking for writers, photographers, and videographers to join the fastest growing group of local insiders. If you are interested in growing your online rep apply to be an Examiner today!