Law Offices of Indu Srivastav, APLC
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Sick kid at home? Visitation may, or may not, have to wait

One of the biggest questions with custody is what to do if your child falls ill. While many parents plan for the odd sick day here and there, a child who needs more medical care might cause the custody schedule you come up with to bend until it breaks.

You want to make sure that your child isn't traveling when they're unwell, and you need to know that they're getting appropriate medical care when it's needed.

What exactly is "sick" though, and when should that be used to prevent visitation or custody with the other parent?

When a child is truly sick, it is normally best to keep them in one place and to let them rest. What constitutes a sickness that is severe enough to impact custody rights? Some symptoms that might mean visitation has to wait include:

  • Diarrhea, vomiting or stomach pains, which keep a child out of school
  • Weakness, trouble walking or dizziness
  • A high temperature over 100 degrees Fahrenheit
  • Trouble breathing, a runny nose or other symptoms of a significant cold or infection
  • Physical pain that keeps a child in bed
  • Illnesses or disabilities that would worsen with movement
  • Carrying a communicable disease that could impact the other parent or those seen while traveling

If an illness can be treated at either parent's home, then it shouldn't be used as a reason to delay visitation. However, you and the other parent should be cautious about how you treat your child and be sure that moving them while they're unwell is something that is in their best interests.

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Law Offices of Indu Srivastav, APLC
1400 N. Harbor Blvd., Suite 601
Fullerton, CA 92835

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