Q: My divorce won’t be absolute until 4/6. I was advised to go for an emergency motion for sole custody...my chances?
My ex husband is refusing to communicate with me about our sons medical care during his visitation. On two separate occasions I’ve picked my son up and his breathing has been exasperated as if he hadn’t received any treatment. This past weekend, he had him and I picked him up Sunday and after two home treatments I had to bring him to the ER because his asthma was so bad. His father states that he was perfectly fine prior to my picking him up. He has also dropped him at school without any asthma treatment or leaving the nebulizer so he could receive treatment. When I ask detailed questions about our sons medical status, he swears at me and tells me it’s none of my business. I’m scared for my son to be with him if he is refusing to take his asthma seriously and properly treat him. I was informed that the only thing I can do is go for emergency sole custody which would make my divorce agreement null in void. I don’t know if I should risk doing that. What are my chances if getting sole?
A: Was the visitation situation different before the divorce? How old is the child? perhaps visits overnight are premature. Was he attentive to the asthma then prior to the divorce and now is not taking it seriously? Was this a new diagnosis? What does the pediatrician indicate about the child's medical needs and has father been involved with the pediatrician? You would not be making your divorce agreement null and void by seeking a Modification, you should consult with your divorce attorney who is in possession of the full set of facts.
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