There will be a time when people will be unwell. Your child may become ill. It could happen soon after returning from vacation. It’s so predictable almost. Can a parent cancel visitation if a child is sick? When a child sneezes, a parent may take them to the emergency room. Others may advise the child to shrug it off or get some sleep. Different parents handle sick children in different ways.
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A seriously ill child shouldn’t be packed up and given to the other parent for parenting time. Talk about the situation with your ex-spouse over the phone. Find a different arrangement. Set up a Zoom meeting with the child, ex-spouse, and you. Choose a different day but figure out a way to make up for the missing parenting time. Be fair with each other’s parenting time. In the future, you may experience the same circumstance. You will expect that your ex-spouse will show you the same courtesy and flexibility.
Can a parent cancel parenting time because of a child’s illness?
Throughout their child’s life, every parent will inevitably have to take care of a sick child. Maybe dozens of times. Rest and simple care may usually make most diseases go away. Caring for a sick child can be challenging when parents share custody.
When your child is unwell, it might be more tempting to refuse the other parent time with them on the weekend. Or even an afternoon because you want to take care of them yourself. The other parent of your child has the same right to care for your sick child as you do. It is inappropriate to refuse visiting or parenting time due to mild illnesses.
Parenting time differs from play dates or trips to the grandparents. According to statutes, parents are entitled to spend time with their children. Taking care of a sick child is part of being a parent. In most cases, a simple cold or the flu is not a good enough excuse to limit parenting time. More significant conditions might allow for visiting cancellation. Parents should be adaptable and focus on their child’s needs in both scenarios.
Even when a child is ill, a parent has the right to use the parenting time that was granted by the court. In general, both parents are responsible for taking care of the child during his or her time. If the visit is obviously against the child’s best interests, it may be more appropriate to work out a plan. Work out the plan with the other parent for the child to “stay put”. This is until he or she is well and then offers the other parent “make-up” time to make up for the lost parenting time.
What to do when a child is sick during parenting time?
When your child has a small sickness, like a cold, they can get the same level of care at the other parent’s house. They would get it as they would at yours. The other parent can miss parenting time because of a child’s illness. The parent should be given the chance to make up the time later.
Parenting time may occasionally need to be modified. It can be due to a parent’s illness rather than a child’s. Long-term conditions are a concern for the court. It becomes a concern when a parent’s physical or mental health interferes with the ability to oversee and care for a child. The flu or COVID-19 may require you to take a break. With COVID you cannot drive or don’t want to expose your child to the virus.
If your child is sick, you might prefer not to visit them. You can’t afford to have the flu or a bad cold right before an important presentation, conference, or vacation. You have a responsibility to take care of your child when your parenting plan directs you to do so. You cannot refuse this obligation. This might be fine if you have a good reason to alter the parenting plan and the other parent is on board with the change. If not, the parenting time plan should come first.
You might get worried and you may want to move your child. You should try to stick to your parenting plan. There are a few circumstances where it might be in your child’s best interests to remain there. You should discuss the child’s best interests with the other parent. Create a parental time arrangement that works for both sides. The other parent, for instance, might be able to come and watch the child while you are at work that day.
Here are some actions you can do if your child is not well enough to travel for parenting time:
[ a ] Speak with your co-parent about the situation. Offer solutions rather than making demands.
[ b ] Discuss travel required for parenting time with your child’s pediatrician. Determine whether it is suitable given your child’s health. Thinks about this, driving 20 minutes is not the same as going to the airport and boarding a plane.
[ c ] If the doctor gives the all-clear for travel, make sure to send your child to their visitation. Get all prescribed medications and dosage information
[ d ] Recommend rescheduling visitation. Suggest days for make-up parenting time if traveling is not advised. Suggesting a rescheduling is good. It shows you are not depriving the parent of their parenting time.
[ e ] Consider temporarily changing the parenting plan to meet the child’s demands. More so if the condition of the child persists for longer than a week or two.
When parents are ill during their allocated parenting time, the same fundamental guidelines apply. In most cases, the parent has to see to it that the child is taken care of while in their custody. When a parent is ill, they may need to hire a nanny or postpone visiting until they feel better. If the parent’s condition is infectious, this might be especially wise.
If your co-parent won’t make accommodations for the child, talk to an attorney. Discuss how to resolve the situation or submit a motion to the court.
What to do if your ex-spouse denies you parenting time because of a child’s illness?
Sometimes one parent will seize control of the situation. Denying their child’s parenting time. A parent’s worry that their child would be exposed in your home may be the reason for this. This was a common concern during the pandemic. Your ex-spouse might mistakenly feel you can’t look after your child. in non-COVID-19 circumstances, if you have a chronic sickness or condition.
You and your family law attorney might need to file a motion to enforce parenting time. It can happen if attempts to negotiate makeup time fail. By filing this motion, you’re asking the court to hold your parent to the current parenting schedule. Perhaps impose penalties if they break it. You should expect that your co-parent will oppose this motion. The ex-spouse may argue a condition necessitates a modification to the parenting schedule. To counter that claim against the medical condition, your lawyer will help you get ready. Including working with your doctor to prove that you are not contagious. Or that you are still competent to care for your child despite your illness.
During the pandemic, you and your child found quarantines and social isolation upsetting. Illness puts your parenting time in jeopardy. You must be ready to deal with changes to your parenting schedule. You need to keep everyone safe while preserving your relationship with your child.
A child or parent may be ill and unable to take part in parenting time. Both parents should arrange a make-up time either personally or through their attorneys. This lost time ought to resemble the missed visitation in both duration and nature. You may already be spending time with your child every other weekend. You might decide to delay visitation until the next weekend. You and your child should both be healthy by then. An alternative to scheduling a series of evening visits in the coming week.
You can work with your family law attorney. You can negotiate make-up parenting time that is reasonable for you and your family.
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Goldman & Associates Law Firm is here to with information about Child Custody and Divorce in the State of Michigan.