Child Visitation During The Covid Pandemic

Posted May 29, 2020

The COVID-19 pandemic has heightened concerns for separated parents who frequently exchange their children. Parents with pre-pandemic child visitation orders are finding the statewide stay-at-home orders a bit confusing. If you have found yourself asking these questions, you are not alone.

“Should child exchanges be canceled because of the stay-at-home order?”

“Is it true that child exchanges may increase the child’s or the parents’ risk of being exposed to the novel coronavirus?”

“Can I get an emergency order to stop visitations if the other parent does not comply with social distancing or stay-at-home orders?”

At this point in time, the short answer is: All child custody and visitation orders from the court remain in full force and effect until and unless modified by the court.

Many parents are disagreeing with one another due to fear of infection and are using the pandemic to violate court orders. You cannot seek immediate enforcement of your visitation orders unless there is a true emergency that shows the immediate risk of harm to your child. The court’s calendar will be backlogged as a result of their prior closure. This means the timeline for non-emergency matters will likely be several months. Where does this leave you if your child’s other parent is violating court-ordered child visitation?

Do your best to keep a level head about the situation. Keep a detailed log of your reasonable requests for visitation and of the other parent’s responses. The court may consider a parent’s wrongful use of the pandemic to violate court orders. This may help with future matters regarding your child custody and visitation.

Further Reading » Automatic Temporary Restraining Orders (ATROS): California Family Code

Speak with your family law attorney to begin preparing your case now. Get help now from your attorney to assist with communication with the other parent or their attorney. It is beneficial to show the court that you have been developing as a parent by improving your home environment for your child. Take action now to show your concern and responsibility for your child outweighs the actions of the other parent by disregarding Court orders.

It is important to know your rights, responsibilities, and options regarding Child Custody and Visitation issues and Family Court Services Recommending Counseling. Our family law team at Naimish & Lewis can advise you on this and other dissolution and divorce-related matters. To schedule an initial consultation with an attorney at our firm, please contact us.

[Disclaimer]

Robert J. Allison, Esq.

Mr. Allison is a resolution-oriented associate attorney in our Family Law Practice. Even-keeled and fact focused, he is able to assist our clients understand their rights and obligations through the stress and smoke and mirrors presented in their divorce, custody, and domestic violence matters. During the initial consultation, and again once facts and evidence have been collected, Mr. Allison provides various strategies to help clients present their cases, considering cost, time, and client needs. He prides himself in not making false promises to his clients and is unafraid to speak the raw and sometimes harsh reality of how a Court will decide a matter given a specific set of facts and circumstances, both to his clients and to opposing parties. Many potential clients share that they are unhappy with their previous attorneys because they felt a lack of communication, an uncertainty about the family law process and timeline, and they do not understand the strategy in their case or the invoices they receive. While the legal process is complex, Mr. Allison attempts to reduce the confusion through a reasonable case management process involving client participation, because a family law case is often the most difficult period of time in a client’s life.