rotavirus sister of daughter

[Bradley]

I have found out that the sister of my daughter from her mothers second xhusband has the rotavirus. My daughter is with me now for the weekend until Monday night at 6. Can I ask and recommend for my daughter to stay with me till the sister is virus free? (it last s for 8 days)
My daughter would most likely end up staying with my wife if she ended up sick and her mother would not stay home with her.
Would you consider this the best interest of the child for me to let her mother know she will be staying with me for the time the other child is sick?

Could I still face contempt charges?

Thanks!

ps... we also have a 48 hours first right of refusal in our custody papers.

[socrateaser]

You're asking me to make a medical evaluation, and then a legal conclusion, based on that evalulation. This is fraught with danger of gross negligence for me, so I won't do it. I will simply tell you that rotavirus is not tuberculosis, and that the total U.S. morbitity rate for the illness is about 100 per year. That's a VERY small percentage of the population.

To avoid contempt requires that you not willfully and with conscious disregard, violate the orders of the court. Keeping your child after your parenting time runs is willful, unless you can show that you were under duress sufficient to make it reasonable to believe that your actions were no longer voluntary. That means that this needs to be an emergency or damn near.

And, it's not. It's fairly routine diarrhea, not plague. HOWEVER, I'm not advising you one way or the other, because I'm not a doctor, and I haven't seen this particular child's symptoms. The kid could be misdiagnosed and have some other illness that is much more serious and contageous, which would create a sufficient emergency.

But, based on your facts, I don't think you could avoid a contempt order, if one were requested.

You could always ask the other parent if she'd like you to keep the kid for a few days while the other child gets better. But, if she says no, then you're on shakey legal grounds to withhold the child.