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Visitation- sick child and flying

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CalifLawyer

Junior Member
delvalle5 said:
I wouldn't go to jail for putting him on the plane later... If that were the case, me ex would be in jail. He has a tendency to be "late" to the airport.

Last thought . . . have a nice evening.

Do you know why we have placed your ex's alleged contempt to the side of your initial issues? In other words, do you know why we couldn't care less about those "issues"?

IAAL
 


delvalle5

Member
enough of a game? I'm losing you here-or I am confused> I have never filed anything against him in court other than our divorce. Anytime we have gone to court since then has been initiated by him, and so far, always when I was eight months pregnant or so. I just document. That way, when he does take me to court, he tells lies and I show facts. No games. This is my son and I wouldn't even consider messing it up, that is why I started this thread. I have never denied him visitation, never been late, nothing. I am concerned for my son, but wouldn't want to jeopardize the way things are now.
 
delvalle5 said:
I am reading. I also know a thing or two about this man's history. I know that he has documented domestic violence and neglect--yes, in the court records. I know that he is what most consider a "dead beat dad" who only pays what is garnished from his check, not the court ordered "half of the medical" or the court ordered assistance with the tutoring. I know that he isn't paying on the back owed child support any longer, even though he owes. I realize that it would be a breach of contract for me to not put my son on the plane, but the real question would be if it could be considered a special circumstance, especially since the child would still be going, just 40 hours later.
This is what I'm getting after reading the whole thread--I am sure you are concerned about your son. But, the doctor has already OK'd his travel. But, you finally see a legitimate chance to get back at your ex (subconsciously) and want to whether you realize it or not. He has F** you over the support & medical all the time. Now, you can F** with him about this. I know that's not why you think you are doing this, but examine your gut feelings. And, let it go. You will only be lowering yourself to his level. A plane ride from WA to CA is not going to affect your son's illness. And Dad should deal with it, he asked for it.

Legally, this is a crapshoot--so decide if you really want to take a chance. Is it that important of an issue?
 

delvalle5

Member
Actually, I am thinking of a time when I went to Philadelphia with my younger sister. I was 16 and she was 7. We got on the plane in Phili and the plane had a stop in New York. On descent she started screaming and crying. She was in an extreme amount of pain. The airline rushed her to an emergency clinic nearby. She had a lot of pressure behind her eardrum because of a sinus infection and was told that she could not board the plane for a week. Imagine, a week in NYC without any parents and little money. I was responsible for her and scared. But what scared me the most was her pain. I don't want my son to experience that.
 

CalifLawyer

Junior Member
delvalle5 said:
I don't want my son to experience that.

Then you should have had the doctor write a difinitive note. Now, you're screwed. Apparently, you didn't learn from your sister's pain.

IAAL
 

VA_Mom

Member
For crying out loud, how long is the flight?

I sent my 6 year old to visit his grandparents on a flight to NYC 8 months after 9/11 but didn't freak out as much as you are. Yes, I was worried but spoke with the airline stewardess to oversee that he was okay and called my ex's parents to make sure they would be there waiting for him. Your son is sick but will be just fine.
 

delvalle5

Member
I can't have a doctor write a difinitive note when there is no evidence of what my son's condition may be in the morning. Remember, the doctors now often think of liability, and I am sure they think of how much time it would cost to be a witness in a custody case. If you listen, doctors speak similar to lawyers... IT May Be... The Results Should Be... If that were the case... I Highly recommend... Under Advisement

You see, no one likes to give a "for sure" answer anymore... to much litigation
 

delvalle5

Member
VA Mom, My son flew in October, just weeks after the 9/11. I was worried, but I did it. This isn't me wondering about some random act, this is me concerned for my son's well being. He doesn't have a doctor in Ca, not where his dad lives anyway, and his dad isn't real medical savvy. My issue is still the cabin pressure changes on take off and landing. I just think if the doctor doesn't recommend it, you shouldn't do it.
 

CalifLawyer

Junior Member
delvalle5 said:
I can't have a doctor write a difinitive note when there is no evidence of what my son's condition may be in the morning. Remember, the doctors now often think of liability, and I am sure they think of how much time it would cost to be a witness in a custody case. If you listen, doctors speak similar to lawyers... IT May Be... The Results Should Be... If that were the case... I Highly recommend... Under Advisement

You see, no one likes to give a "for sure" answer anymore... to much litigation

Well, one thing is "sure" - - you can tell the above to the judge, and that judge will give you a response that is "for sure."

How many times have you withheld visitation?

IAAL
 

delvalle5

Member
IAAL- if you read my previous postings, visitation has never been withheld or postponed by me. I have never denied him visitation or phone communication with his son, and I keep excellent records to this effect.
 

rmet4nzkx

Senior Member
Believe it or not, they have doctors in California and urgent care clinics.
Did you ask your child's doctor for any special instructions for travel, like taking an antihistimine or decongentant before the flight?

The other thread was very revealing as to your your true intent, BTW!
 

delvalle5

Member
Hey, just because I don't like my ex doesn't mean I have any malicious intent. Face it, if I liked him, he wouldn't be an ex. Yes, the doctor said if I decide to go ahead and put him on the plane to give him tylenol and pediacare. He also said to send my son with gum. After saying that he said that although these precautions would help, he still would recommend that my son wait a few days to fly. Look, I give his dad more time than the courts wanted to give him, I am having a hard time seeing why a day and a half, almost two days, is a stretch.. come on, the child is sick. Would you want to fly with a sinus infection and a fever?
 

rmet4nzkx

Senior Member
The doctor gave you instructions for flight, I would reccommend you put him on the flight as planned and follow the doctor's instructions. The flight crews deal with ear blocks all the time let them know when he boards that he has a sinus infection and cleard by his doctor to fly. In addition to chewing gum, yawning helps also.

On the other thread you were bragging about being manipulative, that is very telling when one is so smug, remember pride commeth before a fall.
 
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