Q: why should my special needs daughter be court ordered to spend the weekends with her father who lives 10 hours away?
She has a rare genetic disorder which involves non verbal, physical disabilities, mental disabilities and is epileptic. He has never cared for her before.
he was emotionally and physically abusive to me and we were never married. I fled Nashville, Tn because of threats from him if I didn't obey his ultimatums.
I moved to my mother's house in Gulf Breeze, fl. We have been here almost 6 months and I have all of her physicians locally.
We have been going once per month because of the court order. Everytime I pick them up they are sick. It takes my special needs daughter weeks to get over it and her seizure activities increases when she is sick.
I fear for her life.
A:
You should discuss this with an experienced local family law attorney. If your case is already pending in the other state, then you should speak with an attorney there. It sounds like you have very serious concerns about the Father's care or inability to care for the children which causes your daughter to become very sick especially in light of her seizure condition. All of these factors can be presented to the court to see whether an alternative visitation schedule would be better. Weekend visitation for parents living so far apart doesn't seem to make much sense. However, keep in mind, that the court will want to encourage a continuing significant relationship between the Mother and the children and the Father and the children unless there is a proven reason why it should not continue or should continue at a restricted level.
I wish you all the best.
David A. Carroll
Pensacola Child Custody Lawyer
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