Legal Question in Family Law in Florida
I am divorced with 2 kids ages 9 and 7. The kids go to their dad and stepmoms every other weekend. I just found out by testing my son is allergic to animal dander and suffers from asthma. the doctor said to have no animals inside the house. His dad has 2 cats and 1 dog inside and stepmom refuses to get rd of the animals for his sake. Do I have any right to not have them still visit at the house and if the kids voice their opinions on rather or not they want to go, do they have that choice?
Thank you!
1 Answer from Attorneys
The health and safety of the children will always be of paramount concern in the eyes of the court. Depending on the severity of the allergy, you may have a right to protect your child from any harmful environment (including another parents home). That being said and assuming that the visitation schedule you adhere to is part of a court order, if this is mostly just a case of a runny nose and itchy eyes - you likely don't have a "right" to keep the children from visiting their father.
If the step-mom is really unwilling to give up the animals, a modification of the court order (requiring that the children be with the father every other weekend) would likely be the most appropriate way of dealing with the situation.
This response is based on limited information. This is NOT LEGAL ADVICE. It is intended for informational purposes only and should not be relied on to make any legal or medical or other major decisions. If you have any specific questions or inquiries regarding any of this information, you should consult with an attorney licensed in your state.
Sincerely,
Cary Levinson, Esq.
Levinson & Capuano, LLC
(954) 703-2110
http://BrowardLegal.com
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
