Legal Question in Family Law in California
Q: Can monitor for supervised visitations require a doctor's note clearing the visiting parent of lice?
Details: Father babysat his young niece for a few hours who ended up having lice. No lice were found on father and he even went so far as to do a lice treatment on himself just in case. He notified the mother the day of the occurance. He had 3 phone visits with his children between the day he notified the mother and his supervised visit. The day of the supervised visit, 5 days after telling the mother he took precautions even though no lice were present, he was called 1.5 hours before the visit was to occur. He was told that he will not be allowed to see his children until he presents a doctor's note stating he doesn't have lice. He told the mother he dosen't have lice and never did. He has no insurrance to pay for the doctor visit, and no money for a lawyer. The police department took a report when monitor didn't show up with the children, and even called her on the phone telling her she was in violation of the court orders for visitation. The monitor states that the mother's lawyer says she is within her rights to deny the visits without seeing a doctor's note.
1 Answer from Attorneys
f the children have lice, I would consider that a health and safety issue. You should bring that up to the professional supervisor so they can make a note of it. Lice is especially infectious and should be dealt with immediately. It is not life threatening, but it is problematic. I would see if the supervisor can help you work out the proper way to handle it, if it does not, then the best hting to do is to file an ex parte motion to have a judge assist you with the proper protocol before having other children infected with lice.
or self represented individuals you can consult with the family law facilitator self help center at your local court house.
As always please consult a local attorney prior to taking legal action. Good luck. Also please check out my Santa Clara County Family Lawyer blog.
Law Offices James Chau
1625 The Alameda Suite 204
San Jose, CA. 95126
http://www.jameschaulaw.com/
http://sanjosefamilylawyer.blogspot.com/
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