Barbara J. Katzenberg, Attorney at Law
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Child custody battle of mother who provides too much care

Most parents in Massachusetts have an overwhelming concern for the welfare of their children and would do anything to keep them from danger. Parents naturally attempt to provide any medical care their children need, although a mother in another state is accused of endangering her child through excessive medical care. She lost child custody of her son, who was placed in foster care.

The mother explained that her child suffers from a genetic condition called neurofibromatosis, whereby the nerves all over the body develop tumors. He suffered a leg injury at school at the age of six, and had undergone surgical procedures almost annually to treat the injured leg. Just after his 15th birthday the leg had to be amputated. Subsequently, he suffered occasional seizures and pain, which was determined to be the result of tumors on his spinal nerves.

Almost everybody who knows the family asserted that the mother never leaves her son’s side during his regular stays in hospitals and regards her as a caring parent. However, the hospital where he was most recently treated reported her as a threat to her son’s welfare. The allegations against the mother include her subjecting her son to medical care that is unnecessary, thereby causing suffering. In the meantime, the mother is allowed to visit with her son for an hour twice a week.

While this mother is awaiting a custody hearing in Kansas City to find out whether she will regain custody of her son, there may be Massachusetts parents who are in similar situations. Child custody laws differ from state to state, but the aim of all family courts is to do what is in the best interests of the child. Parents who are unsure of how to pursue a child custody claim may want to obtain advice that is readily available for assisting them in their quest to keep or regain custody of their children.

Source: The Kansas City Star, "KC area mom fights to get her son back amid medical abuse accusations", Laura Bauer, June 17, 2014

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