Judge Finds Father Not Guilty of Contempt in Custody Proceeding

An Albany, New York family court judge has ruled in favor of a non-custodial father who was accused of being in contempt of a custody order after he altered his doctor's prescription medication.

Judge W. Dennis Duggan dismissed a contempt proceeding against James N., who had changed the dosage of his 15-year-old daughter's prescription while she was visiting him. The proceeding was initiated by the girl's mother, referred to in court documents as Pamela R.

The father, who is a licensed psychiatrist, which makes him a medical doctor, felt the regimen prescribed by his daughter's doctor was too strong and powerful.  The Court concluded that the father had a good faith basis for disregarding the doctor's instructions and the mother's authority as sole legal guardian.

The judge said that although custody laws in general give the custodial parent sole authority over medical decisions, it does not mean the other parent is relegated to the status of a "potted plant."

While the judge did acknowledge the father's expertise as a doctor, he said the ruling was based off the fact that the father did not commit a criminal or civil contempt when he made the decision to change the daughter's medication. The judge also went on to say that the parent who is caring for the child, regardless of whether they have sole custody or not, has the authority to make decisions in the child's best interest if the immediate circumstances call for a decision to be made, even if the decision might overlap or contradict the other parent's legal authority.

If the father had been found in contempt, he could have been sentenced to jail.