QUESTION
Who gets the child if parent that has primary residence of the child is medically ill and unable to care for child?
Asked on Dec 23rd, 2013 on Child Custody - Utah
More details to this question:
My exhusband has primary residence of our 14 year old son. He is in the hospital in intensive care unit and has been for over a week. He left my son with his parents and I was not notified. What are my rights? Should my son be with me? The grandparents are not willing to give him to me to care for till his father is out of the hospital.
7 ANSWERS
Domestic Relations Attorney serving Omaha, NE
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Diane L. Berger
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Based on the info provided you should have possession of your child at least while your former spouse is incapacitated.
Answered on Dec 30th, 2013 at 7:11 AM
You will have to file a motion with the court, asking that you be given custody. The court will ask how you lost custody in the first place. What does your son want to do? The court will consider his wishes since he is 14 years old.
Answered on Dec 26th, 2013 at 11:04 PM
Alimony Attorney serving Rockville, MD
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Law Offices of Aimee C. Robbins
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If you have a custody/visitation order, the provisions for custody remain the same. However, you may want to consider filing to modify custody if your ex is no longer able to care for your son. If you were under an order to pay child support to your ex, you would additionally request the court terminate your child support obligation (if you end up with custody) You would normally also seek child support from your ex, however that may depend more or less on his health.
Answered on Dec 24th, 2013 at 10:05 PM
Alimony Attorney serving Redlands, CA
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Milligan, Beswick, Levine & Knox, LLP
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Yes you should immediately go to court to change custody while he is not capable unless you have been deemed a danger to your children in some past proceeding
Answered on Dec 24th, 2013 at 3:20 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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What does your custody order say. If it doesn't' address the issue, you may have to petition to modify the custody order.
Answered on Dec 24th, 2013 at 3:20 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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The order in effect rules, but generally the other parent is the correct answer. That he could be in for a week without your knowledge is indicia of significant communication issues.
Answered on Dec 24th, 2013 at 3:20 PM
Divorce & Family Law Attorney serving Salt Lake City, UT
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Utah Family Law LC
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I am a Utah attorney, so this opinion is based upon Utah law. If your Decree of Divorce does not provide what happens in the event the custodial parent is incapacitated, and if his parents are being jerks about it, file a motion with the court seeking a temporary change in custody. As long as you're a fit parent, you should get the temporary custody easily, especially since your ex/his parents tried to keep his incapacity a secret.
Answered on Dec 24th, 2013 at 3:19 PM