Legal Question in Family Law in Florida

Temp. Custody of child while mother is hospitalized

I have joint custody of a 3yo child with the mother...in the near future my son's mother will be hospitalized for 2-4 days. These days are her regular visitation days, but since she will be unable to care for our child, do I have the right to have him during this time?? I do not want my son being with her friends or anything, because I am concerned with his care. A prompt response would be greatly appreciated!!


Asked on 6/28/09, 1:56 pm

1 Answer from Attorneys
Brent Rose The Orsini & Rose Law Firm

Re: Temp. Custody of child while mother is hospitalized

There is no hard and fast rule on what happens when a parent can't exercise his or her visitation due to hospitalization. Clearly, she could ask a grandparent to watch your child, but if there isn't any relative around, you have a good argument that you should keep your child. The best thing to do would be to work it out together and switch the visitation days.

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Answered on 6/29/09, 12:09 pm


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