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Can I withhold visitation if my child is sick?

Saint Augustine, FL |

It's a long distance between me and my ex. I do have medical authority, but it's not spelled out what that means.

Attorney Answers 5

  1. Best answer

    I agree with Ms. Jacobs.

    Perhaps you can negotiate with the father in good faith. Ask him if you can keep the child this time, and double his visitation some other time (like during summer break so he can take the child to a theme park or something.) Do this with email if possible so you can preserve the evidence of any agreement. If he agrees, make sure you uphold your end of the bargain, and send him copies to sign and return (and keep, for his record.)

    Similarly, if he does not agree, email him your objection; but keep to the court order as Ms. Jacobs suggested so that he cannot come after you later.

    Courts are predominantly concerned with the well being of the child, not so much the hurt feelings of two adults who cannot get along. If it is reasonable that the child will become even more ill due to travel, then such an agreement may later be ratified by the courts.

    Though reasonableness is key: the flu is one thing, the sniffles another.

    Good luck.

    DISCLAIMER This answer is not legal advice nor does it create an attorney-client relationship between any user/reader and The Law Offices of Jimmy Allen Davis, P.L.. We encourage and welcome you to contact us about your legal problems and visit our website at or email me at

  2. That means that you can make medical decisions for your child without consulting with your ex. For example, if your child needs surgery or some other form of medical treatment. It does not mean that if your child has a cold you are the only one that can care for her. As long as your child is physically able to visit your ex and your ex is able to care for the child while sick there is no reason to withhold visitation.

  3. Ms. Jacobs offers good advice. If you withhold it better be very serious, or your ex is unable to tend to the child. I would offer n good faith to double up some later parenting time. If it is just the sniffles, suck it up and send the child.

  4. I agree with my colleagues. Kids can be sick in either parents' home.

    This answer was provided as a courtesy to you and no attempt was made to establish any type of attorney/client relationship.

  5. I agree with attorney Davis and think he has given you the "best answer".

    The answer given does not imply that an attorney-client relationship has been established and your best course of action is to have legal representation in this matter.

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