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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 41220
Experience:  Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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My child has asthma and is allergic to many things, especially

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My child has asthma and is allergic to many things, especially dogs. His noncustodial father has visitation every other weekend and he has two dogs in his home. I have spoken to him and his grandmother (whom he lives with) about it. My child often comes home sick and often is out of daycare afterwards because of sickness. Not only am then left with the responsibility of finding care for him while he is unable to go to daycare but my child is often sick for a week afterwards. What should I do next?
Thank you for your question. Please permit me to assist you with your concerns.

I am genuinely sorry to hear that your child is suffering. Do you have a formal diagnosis from the doctor stating that he is allergic? How old is the child at this time? How often does the father have him? What is your current custodial split?
Customer: replied 3 years ago.

Yes. He has been to an allergist and I reported the information to his father after my son's doctor visit. My child is two years old. His father has him every other weekend. I am the custodial parent.

Thank you for your follow-up, Juanee.

In this situation I truly sympathize. If your son is genuinely ill, you can withhold the child on the basis that doing so is in the child's best interest (specifically his health) until the father make changes as to where he sees the child. If the father complaints or claims that you are in violation, then go to court, file a petition for modification of custody, and seek sole rights with visitation on premises that do not create an allergic reaction for the child. Otherwise that is an epitome of parental neglect--having the child at a location where he is made sicker is never good for that child's development. And you, as a rightfully concerned parent, can indeed take action to modify it and to seek new conditions for where your child is located while with his other parent.

Good luck.

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