Q: Can a custodial parent deny ADHD meds for my grandson's mental health support?
I'm concerned about my 14-year-old grandson's mental health, as he has been in therapy since he was 6 years old. His father is the custodial parent and recently allowed my grandson to stop taking his prescribed ADHD medication, which I believe is contributing to his outbursts. After an incident last weekend, my daughter filed a Families In Need of Services (FINS) report but was told that the father has the right to refuse services. How can the custodial parent deny the necessary support, especially when he might be contributing to the issue? What legal steps can I take to ensure my grandson receives the mental health support he needs?
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A:
It’s incredibly painful to watch a child you care about struggle, especially when you feel like there are tools being withheld that could help. In most cases, the custodial parent has the legal authority to make medical decisions for the child, including whether or not they take prescribed medication. That said, if there’s clear evidence that stopping the ADHD medication is harming your grandson’s well-being, this could be raised as a concern in court.
If your daughter shares legal custody or has any parental rights, she may be able to petition the court for a modification or request joint medical decision-making. Documentation from therapists, doctors, or school staff showing a decline in behavior or performance since stopping the medication can be powerful evidence. Filing a motion in family court may allow a judge to review whether the father's decision is in the child’s best interest.
Filing a FINS report was a smart step, even if the outcome wasn’t what you hoped for right away. If the behavior continues to escalate or puts your grandson or others at risk, don’t hesitate to involve his therapist or school counselor to document what they’re observing. You’re trying to protect him and give him a chance to succeed, and that makes your role incredibly important—don’t give up.
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