1. Home
  2. Child Custody
  3. Child Custody Rights: What Happens to Custody When a Child is Ill?

One problem parents often run into when they have custody is when a child falls ill. When a child is sick, there is a question as to whether it’s a good idea to move the child. The child may want to stay where they are or return to the other parent for comfort, depending on the situation.

As a parent, you understand that making your child comfortable is necessary during an illness. What should you do, though, if it’s in conflict with your custody orders?

There are a few things to consider. First, you have to look at the feasibility of doing what your child wants. If your child’s other parent lives far away, it might not be appropriate to send a sick child home with them. However, if you only have that day to do the exchange, then there may be no other option at the time.

Another thing to consider is your child’s age. An older child can handle riding in a vehicle when ill better than a younger child, who may throw a tantrum or need special attention.

There is also the question of the type of illness the child has. If your child has an illness that might spread to others, it is normally best to leave them where they are and to avoid exposing others to the illness. The parent who has them likely has the right medications and knows what to do to help your child get better.

No two cases are the same, so you will need to remember to be flexible and do what is best for your child should your child fall ill. Your attorney can also help you devise a “sick day” plan as a part of your custody arrangement.

Schedule a complimentary consultation with us, please call (760) 722-7646 or complete our online contact form.