Can I limit visitations to no overnights for medical concerns?
If you are like most parents, then you are concerned about the well-being of your child, especially if your child has medical concerns that could require medications or treatments. When you share custody with the other parent, visitations might seem challenging. You want to keep your child close to you so that you can monitor the medical condition. However, if there is no substantiated evidence against the other parent, then there is usually no reason as to why the child can’t spend as much time as possible with each parent. Discuss the condition with the other person so that everyone understands what should be done in a medical emergency and how medications should be administered. If there is another adult or children in the home where your child visits, then those people need to know about the condition as well.
Any time that you have to talk about child custody can be emotional for you, the other parent, and the child. If your child has special needs, then it can be even more difficult to let your child go to another home. If there are issues with the other parent and you have proof that the living conditions or the treatment of your child are questionable, then you could stand a better chance in court with limited visitations or supervised visitations with the other parent. If your child is of a legal age to make decisions about who to live with and you don’t have any kind of power of attorney over your child, then the judge might take into consideration the wishes that your child has instead of what is best for you and your home.
When defining special needs or medical concerns regarding visitations, there are a few different elements that are involved. Your child could have a mild learning disability, making it difficult to complete homework assignments during the school year or have medical concerns that could be terminal. The judge will often look at the history of your child when determining how the visitation should be established. If you have provided most of the medical care, then visitations could be limited to occur during the day. You need to prove what your child is unable to do and what your child can do with assistance or alone. This is why children with medical concerns should be handled carefully and can sometimes be challenging when you go in front of a judge to talk about visitation.
As parents, you have to deal with the issues associated with your child’s medical illness and disabilities. You might have a certain plan regarding schooling or your child’s career. Keep your child’s best interests in mind when you talk with the other parent about visitation. Just because your child spends time with the other parent doesn’t mean that something bad will happen. Both parents should work to ensure that your child receives the quality of social networking and the quality educational experience that other children receive. There are accommodations available as well as support from outside sources if you have any questions or concerns or feel that the other parent needs resources to raise your child.
There is a possibility that your child will need extended hospitalization because of the medical condition. This is an issue that needs to be addressed before the visitation agreement. You should try to work out a compromise to ensure that both parents can go to the hospital to be there for your child. Medical equipment that is needed on a daily basis should be kept at both homes. Your child might not have an apparent medical condition. Instead, it could be a behavioral issue that needs to be addressed. When your child goes from one home to another, it can sometimes cause more stress that will lead to more outbursts. This is when you should make appointments with a counselor for your child and seek treatments that can assist with proper discipline. If you suspect or discover that the other parent has committed an act that harms your child during a visit, then you can petition the court to decrease the time spent at the other home. The judge will often examine the facts that are presented as well as any suspicions to determine if there is a legitimate cause for concern and whether your child should visit the other parent or not. Whether you are ready to send your child to another home or not, the judge will work with everyone to make the best decision for the benefit of your child and not the parents.