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Celebrity Family Law – Morena Baccarin

All parents going through a divorce have to work out the issues of child custody and child support. Sometimes these issues turn into huge battles, and other times the parents are able to work together to come up with a parenting plan. It is important to remember that every family is different, and has to address their own unique familial issues. Gotham star, Morena Baccarin, is currently in the midst of a unique custody battle with her ex-husband. 'Gotham' Star Morena Baccarin Says Ex Is Using Zika Fears to Block Son's Trip to Brazil by TMZ Staff, tmz.com, November 15, 2016.

Baccarin wants to take her son to visit her dying grandmother in Brazil, but her ex, Austin Chick, refuses to consent to the trip due to concerns about the Zika virus. Though Chick alleges the CDC does not know the long-term risks for kids who contract the virus, the child's pediatrician has signed off on the trip, saying Zika is not a concern for the child. Baccarin is asking the court to issue an order allowing the trip.

Though the article does not specify who has custody, the fact that Baccarin needs Chick's consent to take their son on this trip suggests either that the parties share legal custody and decision making, or that there is a specific clause in their divorce documents requiring consent for international travel. Thus, the judge will have to determine whether the trip is in the child's best interest. In support of the trip, Baccarin will likely present evidence that her son seeing his great-grandmother before she dies is very important, that the pediatrician does not believe Zika is a substantial risk, and that Chick did not object to trips to Brazil when the parties were still married. For his part, Chick will likely hinge his case on the CDC's new information about Zika and the unknown risks for children. The judge will have to balance these competing interests in determining whether the trip should be allowed.

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