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  1. #1
    Join Date
    Feb 2007
    Location
    Chula Vista, CA
    Posts
    2

    Default Can a Doctor's Note Change My Visitations?

    My question involves a child custody case from the State of: California

    I live in San Diego, CA and my son lives with his mom in Glendale, CA. I have court ordered visitation every other weekend. She is to drop him off at my house by 8pm Friday and I drop him off at her house by 7 pm Sunday. She is recently married and is pregnant. She got a Dr's note stating that she can't travel for 1 month prior and after her due date. I work 2pm – 10:30 and can't take time off work to drive up to LA on Friday evening to bring him down and drive him back up on Sunday afternoon, plus there is the additional mileage (approx 300 miles each round trip) and the cost of gas . Shouldn’t it still be her responsibility to find a way to get my son to my house on Fridays as per the court order? What are my rights?

    Daniel

  2. #2
    Join Date
    Dec 2006
    Posts
    16

    Default Re: Can a Dr's Note Change My Visitations?

    I am no lawyer but If i was in your shoes I would req to see the letter for yourself, if you are on good speaking terms. Her pregnancy may be a high risk one, and that is why the doctor is giving this info. (not your problem though)
    Although, nowadays a person can get a doctors note via the internet. If she doesnt follow the court order, i believe she could possibly be in violation of that order.

    Things change in life and unexpected things happen, but that shouldnt excuse her from finding another way for your son to get to you 2 hours away. i am guessing that this court order was made with your work hours being that they are now?

    Since your work hours make it difficult, maybe suggest she ask a family member to help out or someone that is trustworthy to help out a bit.

    The order simply states she is to drop him off. From what it sounds like. She has put you in a tough situation, but I believe it is still her responsibility via Court Order, regardless of a doctors note to get your son to you simply the order states it.

    She should make an attempt of finding a solution on her own, instead of laying all of the responsibility on your shoulders imo. The main interest would be your son here though. He shouldnt have to suffer for her not being able to travel long distant. I would talk to my supervisor about this one. Good Luck, just my opinion

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