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Hear Say in Court?

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tap517

Junior Member
We live in michigan. The case is that there is a custody order giving us everyother weekend, the mother is concered because she found out that that the father has herpes virus and will pass to her child. If he goes to court will the judge look at this factor as negitive if she tries to revoke his custody?
 


stealth2

Under the Radar Member
It depends - is Dad being treated, and does he know what precautions to take during a breakout?
 
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tap517

Junior Member
Yes he is being treated and watches very close what he does around his son. The doctor says the olny way to spread the virus is skin contact but she is saying that he can give to him through sliva and other forms.
 

stealth2

Under the Radar Member
I wouldn't worry about it, but I would ask the doctor if he would be prepared to testify (he may be permitted to do so by phone) as to how the virus can be spread, what precautions Dad has been told to take, etc.
 

sirxamiel

Member
tap517 said:
We live in michigan. The case is that there is a custody order giving us everyother weekend, the mother is concered because she found out that that the father has herpes virus and will pass to her child. If he goes to court will the judge look at this factor as negitive if she tries to revoke his custody?

I wouldnt think that it would be a factor in court because of his medical condition. That would be somewhat considered descrimination on the judges part if he denied him visitation to his child because of a medical condition. He can however ensure that proper medical protection be used when visiting, but he cant deny visitation. Besides, herpes is not a life threatning disease, and technically, there is no danger to the son. Think about it, AIDS patients are seeing thier children and even working in places around public. If he was in any way a dnger to people around him, then the doctor would have ordered him to stay away from people so he could not spread the disease. Besides, herpes is a common disease, and more people have it than you think. So I wouldnt worry about it.
 

Phnx02

Member
You've got to be kidding! A parent wants to deny visitation because the other has herpes? Is the other parent going to have inappropriate sexual contact with the child? How does one parent know the other has herpes anyways unless he/she already knew about this while still with that person? (Most people don't just volunteer this information!) The virus is transmitted only thru skin on skin sexual contact or saliva if someone has a fever blister on the mouth and kisses another. In case of the latter, any person with a smidgen of intelligence knows this is highly contagious and to refrain from kissing or intimate contact until the blister has subsided.

We are really grabbing here......although there is no cure for herpes, it is not a deadly disease like AIDS. That's like telling someone they cannot have contact with another simply becasue he/she has psoriasis.....a non-curable skin condition. Hardly a reason to keep a parent from their child. Instead, educate the child on the condition so he/she will know when and when it's not safe to simply kiss her other parent!
 

aspynn72

Junior Member
I am so glad you posted this, Phnx02! For what a weak case the mother would have! Anyone who gets a cold sore/fever blister on their mouth knows well enough not to kiss another...many people are not even AWARE that if they GET these, that they have Herpes too...chances are, the mother has had a cold sore. And even if not, would she keep the child away from a close relative just because THEY had one? Hmmm, I think not. People like her help to keep such a bad stigma attached to such a common disease. 1 in 4 people have one type or another of Herpes. Would be an awful lot of unhappy children in the world if they were kept away from their parents because of a fever blister!!!

There is no way this mother would have a chance with THAT one.

Good luck though!

aspynn72
 

casa

Senior Member
tap517 said:
We live in michigan. The case is that there is a custody order giving us everyother weekend, the mother is concered because she found out that that the father has herpes virus and will pass to her child. If he goes to court will the judge look at this factor as negitive if she tries to revoke his custody?


Herpes simplex or Herpes complex? If it's the former, so do a million other people- hence the gigantic over the counter market for cold sores, fever blisters. These people are not banned from parenting. :rolleyes: If it's the latter, unless he is engaging in sexual practices with the child (which is an entirely different concern) why would the child even know or be exposed?
 

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