If my kids get sick at my wife’s house and she’s the custodial parent, can she tell me that I can’t pick them up?

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If my kids get sick at my wife’s house and she’s the custodial parent, can she tell me that I can’t pick them up?

I’m talking mildly sick not like the flu. Is that a legal excuse for her to use against me? I’m have been granted visitation by the courts, every Saturday then every other weekend in 6 weeks.

Asked on October 16, 2012 under Family Law, Virginia

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

No, not really.  She probably can not deny you visitation with the children based upon that reason. I say "probably" because it is a judgement call for BOTH of you.  You would not want to put your kids in jeopardy if they were not well either.  But kids get runny noses this time of year at the drop of a hat.  And your place is a s good as hers to nurse them back to health.  Good luck.


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