Custodial Time During The COVID-19 Pandemic

The COVID-19 pandemic has the ability to create more problems and difficulties for divorced couples with children. Due to Coronavirus concerns, the responsibility of your child can become extremely challenging when handling custodial time or visitation. Alternating between two households may raise the possibility of you, your ex-spouse, and/or your child contracting COVID-19. Being flexible and following court orders under these unforeseen circumstances are vital when looking at the best interests of your child.

Can I Withhold Visitation?

It is recommended to uphold your court ordered custodial time or visitation as close as possible to follow what’s in the best interest of your child. Major complications may begin to start if you, your ex-spouse, and/or your child test positive for COVID-19.  Whether the child becomes sick in your possession or in the hand of your ex-spouse’s, it is crucial to follow the Centers for Disease Control and Prevention (CDC) guidelines to be in accordance with health and safety guidelines. Certainly, a positive infection of COVID may cause the necessity to modify, albeit temporarily a court order. It may seem extremely difficult to follow court ordered custody due to concerns about contamination and the possibility of infecting other family members. However, the visitation orders that were disclosed in your final decree of divorce should be obeyed unless the court states otherwise.

What If One of Us Test Positive?

If you or your ex-spouse tests positive for COVID-19 or are displaying symptoms related to COVID-19, it is important to contact one another as soon as possible to protect the safety of the child. In the case where an ex-spouse tested positive for COVID-19, but has court ordered time with your child during the time that they’re sick, it can be held virtually (Facetime, Zoom, Skype, etc.). Parents must uphold the standards of taking care of their child while making day-to-day decisions, including social distancing, traveling, and more. Accommodations must be made due to COVID and the courts are certainly sensitive to this fact.

Contact The Capital Family & Divorce Law Group Today

The spread of the pandemic may not be a valid reason to deny custodial time. If you are being denied visitation with your child throughout the time you’re ordered to have it, it is best to seek a qualified family law attorney.  The Capital Family & Divorce Law Group is dedicated to providing divorce and family representation during the COVID-19 outbreak. Contact us today for legal assistance.