Legal Question in Family Law in California
Grounds for gaining custody?
My husband and his ex-wife never went to court to decide custody arrangements for their son. Things have been amicable over last few years, and the current custody arrangement is Mon/Wed and every other weekend our house then Tues/Thurs every other weekend her house. This worked in the past but now that our son is in 3rd grade, he is having trouble in school. His school work is never addressed at his mom's house, so we typically make up the extra work at our house so that he doesn't flunk his assignments. Annoying, but liveable. But what has become the big issue is his health. Our son has asthma (now diagnosed by 3 different physicians). He is on a strict regimine with his nebulator when his asthma flares-up and he cannot breathe. We follow the doctor's recommendations to get the asthma cleared-up, but his mom does not like administering medicine and does not want to believe her son has asthma. So he does not always get the treatment required when he is at her house. My husband and I are very worried about the times he is at her house when he has asthma flare-ups, because he does not get the treatments he needs to breathe. Are there grounds enough to go to court to get custody based on these medical concerns?
3 Answers from Attorneys
Re: Grounds for gaining custody?
If you can prove that the child's health is in jeopardy when with the mother, you can probably severelylimit the mother's visitation, which would mean you would have custody most of the time.
Re: Grounds for gaining custody?
You failed to put in your zip code so I have no clue where you are located. Based upon the facts you articulated I would say that it is now time to go into Court to get appropriate Custody, Visitation, and other orders. I handle Family Law cases throughout Southern California up to San Louis Obispo, and to Bakersfield. You may contact me through my website at www.divorce-legal.net
Norm
Re: Grounds for gaining custody?
You should certainly be able to modify the custody order so that the child's health is protected and that probably means less time with mom. This is a critical issue and you should review it with a family law attorney. Good Luck, Pat McCrary
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