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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Family Law
Satisfied Customers: 28444
Experience:  Attorney with experience in family law.
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I have two questions: 1- my daughter has had lice 3 months

Customer Question

I have two questions:
1- my daughter has had lice for approx 3 months and my ex wife is not treating her to get the lice to go away. On two separate occasions in the last 2 months my current wife has spend about 20 hrs treating her and pulling the lice out and when my daughter comes back two weeks later she has it again. My ex refuses to treat her house or get herself checked. I picked my daughter up today for my summer visit and once again my daughter has lice. According to lice stage chart these lice are at least 10 days old. I have taken her to the doctor twice and had to recieve medicine twice because it was so bad. Is there anything I can do? can cps help?
2-my ex wife told me back in April that she was going to take my kids on vacation over Father's Day week denying me my visit that weekend. I told her numerous times that I was not ok with this and that I wanted my visit. So of course my visit was denied. This is the only time she did deny me a visit but she often does ask me to switch weekends and promises me another weekend but never actually gives the kids to me. I know I should just not switch but often she already tells the kids and put me in bad spot if I say no? Is there anything I can do about the Father's Day weekend visit being denied?
Submitted: 1 year ago.
Category: Family Law
Expert:  Lucy, Esq. replied 1 year ago.
Hi,

My name is ***** ***** I'd be happy to answer your questions today. I'm sorry to hear about your situation.
1. You can actually file a Motion to Modify custody based on a material change of circumstances - the living conditions in the mother's home. She's putting your daughter's health at risk. You're allowed to request an emergency order stating, at the VERY LEAST, that your daughter live with you until the mother can establish that she and the house are lice free (preferably lice-free for a couple of weeks, but that's up to the judge). Or you could request a permanent change. There is no excuse for refusing to take action in this situation.
2. If the court order gives you visitation on Father's Day weekend, she's in contempt of court. You can file a motion asking the judge to penalize her for not following the order. Punishments can be monetary (like fines), but she can also be ordered to give you other, extra days instead (unless you wind up with custody under Option 1).
It's important that you are 100% satisfied with my courtesy and professionalism. Thank you.
Customer: replied 1 year ago.
1-if we called cps would they do anything? Or is this something they really wouldn't get involved in?2-since it was just the one weekend that we where denied is it actually worth filing contemp charges? Will a judge see this a being petty?
Expert:  Lucy, Esq. replied 1 year ago.
1. They might get involved if your daughter is being forced to live in sub-standard living conditions. There are a lot of issues associated with having lice, including that your daughter could wind up missing a lot of school if they're sending her home until it's treated. It's up to the policies of the office in your area.
2. That depends on your judge. The fact that it was an important weekend to you can make it seem less petty, as can the fact that this was clearly calculated to ensure that you missed Father's Day.
Customer: replied 1 year ago.
I want to get my daughter professionally treated for the lice which is expensive. Is this a medical boll I can submit to my ex that she would be responsible for half of? Of course she is refusing to help pay for the costs and I have three other kids at home I have to prevent from getting lice.
Expert:  Lucy, Esq. replied 1 year ago.
If you file a motion in advance, asking for half the costs, there's a good chance the judge will grant it. The problem is, if she then goes right back to her mother's and picks up lice again, it's wasted money. Hopefully, he'll also let your daughter stay with you until the mother's house has been treated.
Without requesting permission upfront, there would have to be something in the court order that said the two of you share these types of expenses.

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