Can I be held in contempt if I kept my son from his father due to my son’s illness?

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Can I be held in contempt if I kept my son from his father due to my son’s illness?

I share 50/50 custody of my son. During my week, my son got really sick so I took him to the doctors who then sent us to the ER. On Friday is when he was supposed to go back to his dad’s. I informed his dad that he is super sick and was advised to stay in bed. Since I have him, I will keep him over the weekend and give him his dad on Monday and told him that he can keep him my weekend. However, my son’s father has gotten upset and said I’m in violation of a court order yet not once has he asked how our son is doing. I know it’s a court order but my son’s health is more important and I don’t feel I have done anything wrong but look out for the best interest in my son. Have I done the right thing in the courts eye or would the courts think I’m in the wrong?

Asked on October 29, 2012 under Family Law, California

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

It is entirely possible that you could be held in contempt of a court order concerning custody issues concerning your ill son but very unlikely based upon what you have written and medical support that your son was ill and needed to get well. In the court's eye, most likely you did the correct thing in not transporting an ill child to his father's home until the child got better.


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