You just lost custody because your ex’s doctor believes that you’re abusing your child. Can you get a second opinion? Are you allowed to “dispute” the doctor’s determinations, or is the loss of custody automatic? These are common questions in Georgia child custody cases.
What is Ridge’s Law?
Ridge’s Law is named after a boy named Ridge who became embroiled in an intense custody battle involving allegations of abuse. The parents lost custody of their son for more than 15 months because doctors made bogus allegations of child abuse against them. Although the doctors diagnosed their child with Shaken Baby Syndrome, he was actually suffering from a rare blood disorder called fibrinogen anemia.
However, it is important to understand that Ridge’s Law does not apply to divorce cases. Instead, this statute only goes into effect when parents lose custody of their children due to intervention by the state.
Can I Get a Second Opinion or an Independent Medical Examination if I Am Accused of Child Abuse?
If you face allegations of child abuse and the key evidence is an examination carried out by a single doctor, you should have the right to get a second opinion and an independent medical examination. As Ridge’s Law shows, doctors may easily come to the wrong conclusions when assessing a child for signs of child abuse. Shaken Baby Syndrome is just one example of an abuse-related injury or condition that doctors may mistake for medical issues totally unrelated to child abuse.
Without a second opinion, there is a very real chance your ex could simply choose a doctor who is highly sympathetic to their situation. The doctor may subconsciously or consciously exaggerate certain symptoms or signs of abuse, highlighting the need for independent oversight. Your attorney can ask the court to facilitate this independent medical examination.
If you are currently going through a custody battle and the court has not yet decided the outcome, you probably still have joint legal custody. This means you may be able to obtain an independent examination without first asking for permission from your ex or the court. Check with your lawyer to see whether this is the case.
In the end, the court may need to decide which of the two doctors is more reliable. The judge may need to make this final decision after listening to both doctors’ testimony during a child custody trial, and each of these doctors would testify as expert witnesses.
Can a Child Custody Attorney in Georgia Help Me?
If you face the risk of losing custody because of a single doctor’s medical examination, you may want to contact an experienced child custody attorney in Georgia at your earliest convenience. Alternatively, you may work with a lawyer to modify your child custody order if you lost access to your child as a result of a single doctor’s conclusions with no second opinion. Learn more by contacting Lankford & Moore Law at (678) 753-4529.
