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LADY LAWYER
LADY LAWYER, Family Law Attorney
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Experience:  Family Law Attorney
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My loved one is going through chemotherapy and hes also on

Resolved Question:

My loved one is going through chemotherapy and he's also on medical leave. He makes very good income but has no idea how long this chemotherapy would take
He's currently sharing custody of his five year of girl with his ex wife who is expecting her second child with a man whom she's living with right now.
My question is that if my loved one's chemotherapy takes more than expected (1 year and ongoing), is it okay to give up and custody for his child? He worries he can no longer physically provide care for his daughter given the physical situation.
What will be the potential outcome if he filed for change of visitation.
p.s. He's currently taking care of his daughter every other week.

His ex wife would be expecting next year around Feburary. The man she is living with also has a child from previous marriage.
Submitted: 5 years ago.
Category: Family Law
Expert:  LADY LAWYER replied 5 years ago.

LADY LAWYER :

Hello, Thanks for choosing Justanswer.com! I look forward to helping you today.

LADY LAWYER :

Does he want to give up his parental rights or just his visits with her? Has he spoken to his ex and is she willing just to let the child see him when he feels okay without having to change the agreement through the court?

LADY LAWYER :

Is he still able to support his child monetarily or is he looking to reduce or terminate his child support as well?

Customer:

1. What are the differences between parental rights and visitation.

Customer:

I think at this point, he just wants to adjust the visitation

Customer:

He can still support his child monetarily yes

Customer:

he hasn't talked to his ex, but in case she cannot be corpperative, he wants to be fully prepared

LADY LAWYER :

Parental rights would be giving up any rights to her ever again.

LADY LAWYER :

Yes, he can certainly go to court on a Motion to Modify Custody Agreement and can ask that his custody be modified to an as-able basis of seeing the child.

LADY LAWYER :

This must be very difficult for your friend. I hope he gets better soon.

LADY LAWYER :

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