When Your Child Is Sick on a Timesharing Day: Do You Have to Send Them?

At Family Matters Law Group, P.A., we frequently get questions from parents dealing with timesharing issues when their child is sick. One of our followers recently asked:

“My child has a timesharing schedule with their father, which includes every Wednesday overnight. But this morning, my child woke up with a 101-degree fever. Do I have to send them?”

This is a common concern for parents, and unfortunately, there isn't always a black-and-white answer. The right approach depends on a variety of factors, including whether you have a court order or parenting plan in place, how flexible the other parent is, and how the court in your jurisdiction typically handles these situations.

Do You Have a Formal Parenting Plan?

The first question to ask is whether you have a court-ordered parenting plan or written agreement that specifies timesharing rules. If so, read through it carefully to see if it contains any guidance on handling situations where the child is sick. Some agreements may include provisions that outline:

• When a parent can withhold timesharing due to illness

• Whether a doctor's note is required

• Whether make-up time must be offered if a child is too ill to travel

If you have a court-ordered schedule and there are no provisions about illness, many judges will expect you to follow the schedule unless there is a clear medical reason that prevents the child from being transported.

If There Is No Agreement or Court Order

If you and the other parent do not have a court-ordered parenting plan in place, the decision becomes more subjective. In general, courts expect both parents to share the responsibilities of parenting, which includes handling a sick child.

Some judges take the position that if it's the other parent's scheduled time, they should be given the opportunity to care for the child—even if the child is sick. This reinforces the idea that both parents have equal rights and responsibilities.

On the other hand, some judges may consider the child's best interest and determine that keeping them home is reasonable if they are too unwell to travel. The problem is that without an agreement, this can quickly turn into a dispute.

Best Practices for Handling Illness During Timesharing

If your child is sick and you're considering keeping them home, here are some steps to protect yourself legally and ensure you are making the best decision:

1. Communicate with the Other Parent

Always notify the other parent as soon as possible if your child is sick. Be clear about their symptoms and whether you have already sought medical care. Offer to work together on a solution, such as:

• Letting the other parent come see the child at your home

• Offering makeup time for missed days

• Keeping them updated on the child's condition throughout the day

2. Get a Doctor's Note

If you believe your child is too ill to go to the other parent's house, get medical documentation to support your decision. A doctor's note stating that the child should not be transported or should remain at home can be crucial evidence if the other parent later claims you wrongfully withheld timesharing.

3. Be Prepared for Potential Court Issues

If the other parent disagrees with your decision and believes you are unfairly withholding timesharing, they may file a motion with the court. If this happens, a judge will likely review:

• The severity of the child's illness

• Whether you had medical documentation to support your decision

• Your history of facilitating timesharing

• Whether you offered makeup time

Judges tend to favor parents who demonstrate that they are acting in good faith, rather than using a child's illness as an excuse to limit the other parent's access.

4. Follow Any Existing Agreements or Court Orders

If your parenting plan is clear that timesharing should continue unless there is a serious medical issue, you must follow it. Otherwise, you could be found in contempt of court.

However, if your agreement is silent on the issue, and you truly believe your child is too sick to be transported, document everything to show that you acted in their best interest—not out of personal preference.

Final Thoughts: Courts Expect Parents to Co-Parent, Even When a Child Is Sick

In most cases, judges take the stance that both parents should share in the responsibilities of raising a child, including caring for them when they are sick. That means if it's the other parent's scheduled time, they should be given the opportunity to step up and take care of their child.

However, if your child is seriously ill and a doctor has recommended they not be moved, most courts will understand a parent's decision to keep them home—as long as there is proper medical documentation.

Ultimately, communication, documentation, and a spirit of cooperation are the best ways to handle these situations while minimizing legal risks. If you are dealing with a recurring issue where the other parent is not cooperating, it may be time to seek legal advice about modifying your parenting plan to include clear guidelines on handling sick days.

At Family Matters Law Group, P.A., we help parents navigate the complexities of timesharing and ensure they understand their rights and responsibilities. If you need legal guidance, contact us today to schedule a consultation.