BM not giving SS his medicine a good case for custody change?
My SS is 10 and he has ADHD. Not a seriously severe case but enough that it keeps him from focusing too well. He’s already repeated a grade and is on a path to fail this year. He should have been retained last year but he “passed” state testing, so his teacher bumped his grade to just passing.
He has the potential to be a very intelligent child with either a whole lot of redirection or his medicine. However BM has taken to not giving it to him. For the third time this school year (about 3 months), she stopped giving him his medicine. This leads to him not paying attention or being able to focus (even with one on one). She won’t change his diet, enroll him in any extracurricular activities, or anything that’s been suggested (which could possibly help him focus better) because that would mean she would actually have to get off her rear end and do something for him. Instead of helping him figure out his work, she gives him a calculator (in the 4th grade). So he can’t add large numbers, multiply or divide. He’s failing all his classes currently.
When she lied her tail off in court 4 years ago that she wanted to help him do better in school (which magically corresponded with us getting married) Admittedly he has behind, but he had just been diagnosed with ADHD and DH (who he was staying with. She left SS ther when she moved out). DH and the doctor were still working on getting the dosage right and learning about it, but there was a plan in place to help him. Well BM got him (because judges love crying moms right) and has done nothing for him academically at all. (For example they offer free tutoring at his school this year, she won’t take him because she doesn’t want to have to go pick him up even though she’s off by the time).
Is her not not giving him his medicine irresponsible enough for a change in custody. Especially since he has a learning disability that depends on the medicine (or other actions to improve his focus and therefore his grades. He isn’t failing because he is is dumb or not trying. He’s failing because she’s willingly not giving him his medicine.