A father who refused to give prescription medication to his child because he believed it was too strong did not violate the mother’s sole custody of the child, an upstate Family Court judge has ruled.
“A custody order is not meant to be a Sword of Damocles hanging over the head of a non-custodial parent who has to make an emergency decision in good faith,” Judge W. Dennis Duggan of Albany County (See Profile) held in Pamela R. v. James N., V-5741/2-05/08G, in dismissing a contempt charge against the father, James N.
