Q: Do I have the legal right to request covid positive test in family law if it effects parenting time.
Maricopa county, Arizona. Father of child states he tested covid positive and it has effected parenting time. He lives in Texas and this now has caused his parenting time to change. I have sole physical custody and legal is 51/49. Mother having final say. He is currently saying I do not have the right to request his medical records and I only need a covid negative test. Our agreement states that if he misses his scheduled parenting time during the school year he isn’t allowed to have his parenting time during the summers.
The question is Since he is stating he tested covid positive and needs to change his parenting time. Can I ask for proof that he is Covid positive.
A: I can not tell what your question is, exactly. I recommend contacting an experienced family law attorney.
I certainly understand your concern. I am not exactly sure what you're asking, but I did want to clarify for you what legal decision-making means. Legal decision-making is the right to make decisions on behalf of the child when it comes to medical, education, religious, and personal care decisions, i.e., what doctor does your child see, what school does your child attend.
It does not give you any authority to place conditions on Father's parenting time or deny him his parenting time. You can only override the Court-ordered parenting plan by parental agreement or court order.
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