Restrictions on Visitation Due to Severe Allergies
My question involves a child custody case from the State of: california
I have a friend who was divorced 4 years ago they have a 5 year old he was granted visitation at the moms house they had an ex parte hearing which awarded the dad with 8 hours of visits on sat and sun the child has terrible allergies and a letter was sent to the judge on this by the DR stating her severe conditions the mom wants the child to be visited at her house due to these conditions the judge has ordered an evidentiary hearing on this how do u prepare and will the judge interview the child
Re: Restrictions on Visitation Due to Severe Allergies
You should make an appointment with a couple of different family law attorneys (most provide a free consultation) to get some answers to your questions.
Re: Restrictions on Visitation Due to Severe Allergies
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MICAH 3
My question involves a child custody case from the State of: california
I have a friend who was divorced 4 years ago they have a 5 year old he was granted visitation at the moms house they had an ex parte hearing which awarded the dad with 8 hours of visits on sat and sun the child has terrible allergies and a letter was sent to the judge on this by the DR stating her severe conditions the mom wants the child to be visited at her house due to these conditions the judge has ordered an evidentiary hearing on this how do u prepare and will the judge interview the child
And what kind of allergies put the child in danger?
No, the child won't be interviewed.
Both parents, however, might find themselves severely chastised.
Re: Restrictions on Visitation Due to Severe Allergies
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Dogmatique
And what kind of allergies put the child in danger?
No, the child won't be interviewed.
Both parents, however, might find themselves severely chastised.
It really kind of depends on the nature of the allergies and what has to be done to protect the child. If its one of those extremely rare situations where its basically a life or death deal and the child almost has to be kept in a protective bubble, that is one thing. If its a more ordinary situation then yeah, the judge is likely to be annoyed.
Re: Restrictions on Visitation Due to Severe Allergies
If we're talking "bubble boy", given that these are genetic abnormalities, one would like to think that both parents would be aware of that situation. Those conditions are rare to begin with - and it's rarer still for the child to survive past a year without extensive and aggressive treatment - and even then, the prognosis is dismal. The child would need a bone marrow transplant ideally within the first 3 months of his life and then still require long term care....and I'm not even going to mention GVHD.
But we then have Mom who is - apparently - fine with Dad visiting as long as it's in her house. That does not mesh with the type of autoimmune disorders we're discussing, and even if we do go along with it, we wouldn't be sitting here discussing the possibilities - it would have been spelled out very, very clearly long before now. In fact, there's a good possibility that the child would be an in-patient and hence no custody issues.
Either way, the parent needs to get the physician (and allergist) actually testifying. That letter isn't going to do much by itself.
Re: Restrictions on Visitation Due to Severe Allergies
This wouldn't be the same OP who's been on another board and whose child has allergies to pet dander, is it? The one who thinks her child shouldn't have to have any visits with Dad, even at a neutral location, unless Dad gives away his pets because there might be dander on his clothes?