Legal Question in Family Law in California

I have a 10 year old daughter from a previous relationship. We are both married now, to other people, and share custody. She lives with my husband and I during the week and visits the other family almost every weekend. This arrangement was made mutually and without any legal documentation to support it.

We have always been considerate to their family by letting them know she's sick or her health may be in question before sending her over to avoid exposing her to their 2 children. We have recently had a baby and feel as if they are not showing us the same courtesy. We had an issue last month where they were exposed to the swine flu and didn't tell us until we asked our daughter if she around anyone who was sick because she cam down with a fever, chills, and headache. They sent her over here and we sent her back so they could take responsibility for their carelessness and to avoid getting my husband, myself, or infant sick. We even had to fly my mother in law out to help us so we could keep the baby away from my husband who was exhibiting symptoms. This particular disease can be lethal for infants.

We just took her back to their place this last holiday weekend and their son had a cold. They didn't tell us and swore he was fine to my daughter who did not want to come into contact with him. They decided to take a family excursion and needed two cars. My daughter over heard her step-mom say to pull over to put the sick boy in her car because she'd rather have my daughter get sick than her baby because it was more work for her not even considering the fact that it affects us as well and we would have been more than happy to have her with us or pick her up if there was any concern. They're saying he was not sick, but why would she say that over the phone and switch the kids riding arrangements if that wasn't the case?

Is it possible to create some sort of legal document stating that she is not to go to their place if someone in the household sick?


Asked on 9/10/09, 11:08 pm

1 Answer from Attorneys



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