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  1. #1
    Join Date
    Apr 2005
    Location
    South Carolina
    Posts
    21

    Default Can Visitation Be Denied By Claiming The Child Is Sick?

    When Final Orders were drafted, a HIPPA release requirement was included in this order because my sons mother denied me visitation stating that he was to sick for visitation and had to go to the doctor, which in fact he did not.

    A year later she is still playing all sorts of manipulative games. She has yet again denied me visitation stating that my son is sick. I stated that if he is just not feeling good then I am more than capable of caring for my son. If it is a more severe condition, then he needs to go to the doctor and I need to be provided with a doctors excuse stating the nature and extent of the condition and that it is medically recommended that he not participate in visitation. She replied by saying that she does not have to take him to the doctor and that her judgement call is all that matters, thus, visitation denied.

    What is the legal take on this type of situation and what sort of recourse should I pursue??

    Any & all help is appreciated.

  2. #2
    Join Date
    Jul 2006
    Posts
    985

    Default Re: Sick child??

    Quote Quoting steve
    When Final Orders were drafted, a HIPPA release requirement was included in this order because my sons mother denied me visitation stating that he was to sick for visitation and had to go to the doctor, which in fact he did not.

    A year later she is still playing all sorts of manipulative games. She has yet again denied me visitation stating that my son is sick. I stated that if he is just not feeling good then I am more than capable of caring for my son. If it is a more severe condition, then he needs to go to the doctor and I need to be provided with a doctors excuse stating the nature and extent of the condition and that it is medically recommended that he not participate in visitation. She replied by saying that she does not have to take him to the doctor and that her judgement call is all that matters, thus, visitation denied.

    What is the legal take on this type of situation and what sort of recourse should I pursue??

    Any & all help is appreciated.
    Do you have joint legal custody or does she have sole legal custody?

  3. #3
    Join Date
    Apr 2005
    Location
    South Carolina
    Posts
    21

    Default Re: Sick child??

    She is the custodial parent, I am the NCP.

  4. #4
    Join Date
    Jul 2006
    Posts
    985

    Default Re: Sick child??

    Quote Quoting steve
    She is the custodial parent, I am the NCP.
    DO YOU HAVE JOINT LEGAL CUSTODY?

  5. #5
    Join Date
    Apr 2005
    Location
    South Carolina
    Posts
    21

    Default Re: Can Visitation Be Denied By Claiming The Child Is Sick?

    No such thing in South Carolina. We are both the biological parents of the child, which he primarily lives with his mother. I have a standard visitation schedule. Everyother weekend, alternating holidays & three weeks "vaccation" every year.

  6. #6
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,637

    Default Re: Can Visitation Be Denied By Claiming The Child Is Sick?

    If she's unreasonably denying you parenting time, try seeking make-up parenting time through the court.

  7. #7
    Join Date
    Jul 2006
    Location
    Florida
    Posts
    2,772

    Default Re: Can Visitation Be Denied By Claiming The Child Is Sick?

    Quote Quoting steve
    When Final Orders were drafted, a HIPPA release requirement was included in this order because my sons mother denied me visitation stating that he was to sick for visitation and had to go to the doctor, which in fact he did not.

    A year later she is still playing all sorts of manipulative games. She has yet again denied me visitation stating that my son is sick. I stated that if he is just not feeling good then I am more than capable of caring for my son. If it is a more severe condition, then he needs to go to the doctor and I need to be provided with a doctors excuse stating the nature and extent of the condition and that it is medically recommended that he not participate in visitation. She replied by saying that she does not have to take him to the doctor and that her judgement call is all that matters, thus, visitation denied.

    What is the legal take on this type of situation and what sort of recourse should I pursue??

    Any & all help is appreciated.
    As you pointed out to your ex, you are the father and you are more capable of caring for your son. You are also capable of taking your son to the Dr. so that excuse shouldn't be tolerated by you. Whether he's already sick or just became ill and needs to see the Dr. if the illness occurs during (or right before) your court ordered visitation time she still has to obey the court order. The next time she does this tell her that you'll take care of him and remind her that it is your court ordered vistation time. If she still refuses then you'll need to file for contempt.

  8. #8
    Join Date
    Nov 2005
    Posts
    310

    Default Re: Can Visitation Be Denied By Claiming The Child Is Sick?

    I don't know if I, as a single father, with a son born out of wedlock, would want to take my son for the weekend if he were truly sick. It depends on the degree or severity of the illness. Would it make it easier on you if you could see your son or speak to him over the phone to verify his alleged illness?

    While mom played many other games, she only pulled that stunt once. She wound up taking him to an amusement park. It was a one hour drive to pick my son up and I was mad when I found out what she did and I was tempted to call the police to enforce the order, but the order was for visitation on Saturdays, and we had agreed mutually to change it to Sundays, so I was out of luck.

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