Modification Question

[chipmunk226]

I live in MD, but my custody order is PA. My son is very allergic to cats, but his dad insists on having two cats in his home. My son and I were in the ER last night until 2 am after coming back from his dad's with an asthma attack :( He got the cats about 3 months ago and every time I pick my son up, he progressively is worse. He's on his 3rd allergy med, and now has an inhaler.

I am not sending him his next weekend and going to drive to Philadelphia next Monday to file the emergency modification. The courts there only allow emergency filings on Mondays, and I couldn't travel today with my son being sick.

Of course I feel that this is an emergent situation :) but I wanted to get the input of some others that have gone through similar situations.

Case Points
- My son was diagnosed in 2005 as having a severe allergies to cats
- He visits his father 2x a month and for the whole summer [approx. 9 weeks]
- Since after finding out his diagnosis, his father has had no less then 5 cats over this time
- Currently he has two and even after asking, pleading and down right telling to find another home for these animals, his father insists that the cats have nothing to do with my son's discomfort and refuses to find a new home.
- I have sent his father countless emails, medical documents and had phone discussions on this matter and he still won't budge.

I am planning to ask for his visitation be suspended until he can prove  that he removed the cats and did a thorough house cleaning.  My husband thinks that they judge will just tell him to get rid of the cats but still continue with the visitations.

My outlook though is that if these cats are causing attacks, but his father is saying it's not the cats, then he will not seek treatment for my son when he says he doesn't feel well. I am so fearful that my son will get very sick and his dad won't do a thing. And the saddest part is that my son's father had a nephew who died from asthma :( He swears up and down it's from him running around. But he runs around in my house and is fine. He only is sick after coming back from his dads.

Thanks in advance for your input!

~Eva

[mistoffolees]

First, when you say 'diagnosed with severe allergies to cats', I'm assuming that you've had a well-qualified (preferably board certified) doctor with a specialty in allergies make that diagnosis and you have it in writing. if you don't have that, you need to get it.

Then, I would ask the doctor for a written statement saying that the child should not be exposed to cats nor should he be in the same house where cats have been living.

I would then send the father a copy of that letter by certified mail, return receipt recquested, and tell him that in the interest of the child's health, you will only allow visitation somewhere else until he gets rid of the cats and has the house thoroughly cleaned. If he refuses, then you should file for limiting his visitation.