California | Family Law
Legal Question
Grounds for gaining custody?
My husband and his ex-wife never went to court to decide custody arrangements for their son. Things have been amicable over last few years, and the current custody arrangement is Mon/Wed and every other weekend our house then Tues/Thurs every other weekend her house. This worked in the past but now that our son is in 3rd grade, he is having trouble in school. His school work is never addressed at his mom's house, so we typically make up the extra work at our house so that he doesn't flunk his assignments. Annoying, but liveable. But what has become the big issue is his health. Our son has asthma (now diagnosed by 3 different physicians). He is on a strict regimine with his nebulator when his asthma flares-up and he cannot breathe. We follow the doctor's recommendations to get the asthma cleared-up, but his mom does not like administering medicine and does not want to believe her son has asthma. So he does not always get the treatment required when he is at her house. My husband and I are very worried about the times he is at her house when he has asthma flare-ups, because he does not get the treatments he needs to breathe. Are there grounds enough to go to court to get custody based on these medical concerns?
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