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Non custodial rights when the child is hospitalized

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What is the name of your state? Hi. I live in California and my son's father obtained custody, full physical joint legal and I now have joint legal. I have been ordered supervised visits through an agency which I have been unable to attend due to inability to pay. Prior to this order there was no order and our son lived with me full-time and visited dad every other weekend per his choice. Our son had a neuro surgery today and is in the ICU. Can hospitalization be an exception to the order? Pretty much I'm asking can I go visit him because I'm being denied that, and I think it is very important for him to be able to have me by his side while he is in his most vulnerable state of being. Please help if you can there's no pro bono or free legal for family law in the area in which I live and I miss my son. He has been by my side for 8 and 1/2 years, he's only 9 now, and the court just allowed his dad to take him without even hearing a word of what I had to say.
Also, this is my first time ever posting on any kind of forum. Please forgive me if I do anything wrong.
 


Just Blue

Senior Member
What is the name of your state? Hi. I live in California and my son's father obtained custody, full physical joint legal and I now have joint legal. I have been ordered supervised visits through an agency which I have been unable to attend due to inability to pay. Prior to this order there was no order and our son lived with me full-time and visited dad every other weekend per his choice. Our son had a neuro surgery today and is in the ICU. Can hospitalization be an exception to the order? Pretty much I'm asking can I go visit him because I'm being denied that, and I think it is very important for him to be able to have me by his side while he is in his most vulnerable state of being. Please help if you can there's no pro bono or free legal for family law in the area in which I live and I miss my son. He has been by my side for 8 and 1/2 years, he's only 9 now, and the court just allowed his dad to take him without even hearing a word of what I had to say.
Also, this is my first time ever posting on any kind of forum. Please forgive me if I do anything wrong.
What happened to cause you to go from being the PC to supervised visitation?


Edit: I'm very sorry that your son is ill...I hope that he recovers quickly.
 
What happened to cause you to go from being the PC to supervised visitation?


Edit: I'm very sorry that your son is ill...I hope that he recovers quickly.
Thank you.
Dad and I both have a history of drug use. Last year I contracted a nasty fungal skin infection whos physical signs and symptoms are quite similar to meth use. When Dad threatened to take me to court to take my son I called his bluff as I have many times before. Only this time he followed through. He walked in to court with a lawyer, I couldn't afford one. The mediator wouldn't let me speak or respond to anything. Dad presented opinions and hearsay as his statement of facts to back up his lies. I brought a character letter from a former mayor, a statement of facts from his neurosurgeon, police/incident reports, medical records, and a statement from my property manager. Our mediator did not look over any of it. She also denied my only support person entry into the room with us. She literally turned her back to me and asked dad "what do you want" and proceeded to document everything he and his lawyer said. My son has now had 8 neurosurgeries and 1 other minor surgery. I have been there for every single one until yesterday, dad not even half. As a matter of fact his neglect is the cause of one of the surgeries. He has a condition that affected his skeletal structure of his head and face therefor has to have no direct contact to his head ie. football wrestling Etc. His dad during a visit allowed him to ride a toy motorized quad without a helmet, after I supplied him with the helmet, and my son attempted to drive the quad up a dirt Hill while his dad was not watching him and he fell backwards and broke his shunt that he has in his head and fractured his skull. His dad then continued his visit and brought my son home as scheduled and told me he bumped his head. I am the one that took him to the hospital that night. But, I did not get to say any of that during mediation . The supervised visit were originally by family members . However dad was in violation of the order and family members are not bringing my son to me and when we went back to court he said. It was because of alleged drug use . So I now have to go through an agency that cost $120 a month to see my son two times for 45 minutes each time . Since I cannot afford hair follicle testing, that his father has demanded, it is assumed that I am positive. He also stated that I neglected with you as my son even though there is no physical evidence or any evidence for that matter with the exception that our son had many absenses. Mediator did not let me explain that 2 we were iut of town and at least a week iur son had pinl eye. He also claimed that I make false police reports for example when he pushed me down into the street in front of the school after school one day. And dad is a very smooth talker and a master manipulator. There's plenty more detail I could tell but I feel like I've written an essay already.
 

Zigner

Senior Member, Non-Attorney
You said: "Our son had a neuro surgery today and is in the ICU." You posted from CA at 2:50 in the morning. Did you mean your son had neurosurgery yesterday, or was this an emergency surgery? If it was an emergency, what caused the surgery to be required?

Has dad refused your visitation at the hospital?
 

Zigner

Senior Member, Non-Attorney
Only after all the above had happened I had one positive test which should not have been done to begin with due to fungal infection in my hair, scalp, and skin.
Are trying to say that the fungal infection caused the positive result, or were you using?
 
You said: "Our son had a neuro surgery today and is in the ICU." You posted from CA at 2:50 in the morning. Did you mean your son had neurosurgery yesterday, or was this an emergency surgery? If it was an emergency, what caused the surgery to be required?

Has dad refused your visitation at the hospital?
My mistake. He had a scheduled neurosurgery yesterday 3/20 and is in the PICU for the beginning of his recovery. I have joint legal and his dad did not inform me of his surgery. Only because I keep in contact with his Dr's was I able to find out about it. The surgery is one of maby due to a genetic disorder I carry causing cranio facial abnormalities. He was born with no soft spot, and fused skull sutures. His head circumference was below 3rd percentile. He has craniosynostosis, chiari malformation, hydrocephalus with a vp shunt, and a synovial cyst in his spine.
His dad refuses to comminicate with me. Another family member sent me a message stating according to the order all visits must be supervised by (specific agency) therefore I will not be allowed in to see him.
 
Are trying to say that the fungal infection caused the positive result, or were you using?
I'm saying that the test should have never been performed in the first place due to an existing infection. The lab where my hair was sent states in their info page that hair with any kind of parasitic infection is not to be tested.
 

Zigner

Senior Member, Non-Attorney
I'm saying that the test should have never been performed in the first place due to an existing infection. The lab where my hair was sent states in their info page that hair with any kind of parasitic infection is not to be tested.
Were you using?
 
I appreciate all the feedback. I was not expecting such quick responses. However, I need to put my phone down for a while since I am also currently having to move due to all of this. (Subsidised housing, can't have 1 person living in a 2 bedroom unit). I will check back later to answer questions and to hopefully find an answer as to if I can legally visit my son or not. Thank you for now
 

Ohiogal

Queen Bee
If the order states supervised visitation by a specific agency, then you cannot visit in the hospital.
 

Eekamouse

Senior Member
I appreciate all the feedback. I was not expecting such quick responses. However, I need to put my phone down for a while since I am also currently having to move due to all of this. (Subsidised housing, can't have 1 person living in a 2 bedroom unit). I will check back later to answer questions and to hopefully find an answer as to if I can legally visit my son or not. Thank you for now
Ducking and dodging to avoid answering that one question: Was she using? I think we have our answer all ready.
 
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