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Can you file an emergency change in custody if the child's health is being ignored?

Manassas, VA |

My child has a very bad weight problem and the doctor has even stated he needs to lose it or it will affect his health. The primary parent is doing nothing to help change eating habits or exercise. Is there anything I can do legally?

Attorney Answers 2


That would be a basis for changing custody, but I doubt that the court would find that it constitutes an emergency.

This answer is for general information purposes, is not legal advice and does not create an attorney-client relationship. If you wish to schedule a consultation regarding your particular case, please call (757)533-5400.

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I agree that this may not constitute an emergency. It did not happen overnight and will be cured overnight.

One of the best interests of the child factors is a parent's "ability to accurately assess and meet the emotional, intellectual and physical needs of the child." A court also has to consider "physical and mental condition of the child."

A challenge to prepare to meet in an action to change custody will be proving a material change of circumstances since the last order. Is this weight problem a new development since the last custody order? Or, did this condition exist at the time of the last order?

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