Can I keep my daughter from her mother if she keeps coming to my home infested with head lice?

My ex-wife is living with a friend until she can find a job and support herself. She has residential custody of my 9 year old. My daughter came to my home a month ago with head lice and we decided it would be best that she stayed with me for 3 weeks until the lice were gone from both homes. I did get rid of the lice in that period of time and my daughter just came back to my home today and she is now infested again. I also have 2 other children with my new wife that this is now affecting as well.

Asked on August 13, 2012 under Family Law, Illinois

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

You can not violate the custody agreement.  You can only apply to the court for modification based upon "the best interests of the child" and maybe even on an emergency basis. Although I can totally understand your feelings here it could be that she is getting the lice from school - which is generally where it comes from - and not from the other home.  An investigation would have to be had to make that determination. You may have to show that it is neglect in some way here.  Please seek legal counsel.  Good luck.


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