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LawTalk
LawTalk, Attorney and Counselor at Law
Category: Family Law
Satisfied Customers: 35405
Experience:  30 years legal experience. I remain current in Family Law through regular continuing education.
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I have joint legal custody of my 7 year old son. s father

Customer Question

I have joint legal custody of my 7 year old son. His father generally has dinner with him on every other Thursday. Today he came down with Strep and has a fever fluctuating from 101 - 103. Dr has ordered for him to stay home from school today and tomorrow. Father insists to pick him up for dinner...anything I can do?
Submitted: 11 months ago.
Category: Family Law
Customer: replied 11 months ago.
im sorry. every other Tuesday.
Customer: replied 11 months ago.
I've tried discussing and telling him that it is not good for him to go out and that he should rest, he just says " I should reevaluate where I spend time with him, which is why he gets sick so often. Any direction is appreciated.
Expert:  LawTalk replied 11 months ago.

Good evening,

I'm Doug, and I'm very sorry to hear of your situation. My goal is to provide you with excellent service today.

You can explain that he has strep throat, which is a communicable disease and had had bed rest ordered. It is inappropriate for him to go out of the house to have dinner with anyone. Tell dad that you will make the day up to him if your son is not asymptomatic by tomorrow night, but for the benefit of your child he is staying home as directed by the physician if he still has a fever.

The fact is that your son may be feeling just fine by tomorrow night and you really need to play this by ear. however, no court will fault you for taking a position like this though. The father is being entirely unreasonable and unrealistic if he will not wait to see whether your son is vastly improved before demanding the dinner with him.

You may reply back to me using the Reply link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction.

Please be so kind as to rate my service to you. That is the only way I am credited for assisting you.

I wish you and yours the best this holiday season,

Doug

Customer: replied 11 months ago.
Well, not sure if making up a day is reasonable being that our son is sick not going on a play date. Thanks for the advice. It is a little early and do have to play by ear. I just wanted the confidence to tell him he is being unreasonable without feeling like there will be reprecussions from the court
Expert:  LawTalk replied 11 months ago.

Good morning,

The suggestion of a replacement dinner was for purposes of placating your ex a bit---given the Season and all. It is certainly nothing that a court would ever order you to do. I understand that. I don't know the history between you and your ex and whether the two of you may be at war or simply cooperating to raise your child together. The letter of the law would not demand you provide a replacement date.

I do hope that your son recovers quickly. I can tell you from personal experience, it is unlikely that he will be vastly improved by dinner tonight unless the strep infection was caught early on. And if he is still not well, then you are fully within your right to follow the directions of your son's physician.

Thank you for your kind words. They are appreciated.

Please understand that in order for me to be compensated for having helped you, I need for you to positively rate my service to you by clicking on the rating stars---three stars or more. It is that easy.

Thanks in advance.

I wish you the best,

Doug