Can My Ex Use COVID-19 To Stop Visitation?
What can you do if your ex is not letting you see the children? Can you help me?
After you tell us the problem, our first question will always be “what does the last custodial order provide?” Not everyone follows the orders, and over time the children grow and need different things, job schedules change, and new custody habits are formed. If there are minor variations, then we look to enforce the order. However, if things look very different from the last order, then we may look to modify the orders to reflect “what really happens” with visitation.
Is it real or is it a way to deny visitation?
COVID-19 fears are based in reality and all of us must tend to new social distancing and handwashing requirements, etc. There may be a valid safety concern about where one of the adults in the other house works, or an adult in denial about the gravity of the pandemic. Other concerns can be setting playdates, going to the parks against the advice of the local governments. As a general premise, if you are fine going to pick up a pizza or groceries, then you ought to be fine exchanging the children. Holding back the children from custody exchanges may be the last line of defense. However, there are plenty of instances “dressed up” as safety concerns to simply keep the children from you.
Review your custody order.
Going back to the starting point, look at the last custody order for when the children are to be exchanged. If this has shifted over time, you will need an agreement or an order to bring those changes up to date in order for them to be enforceable. Figure out a safe way to exchange the children. Work on a joint plan for hygiene, such as traveling with wipes, coaching the children on covering their mouths with their elbows when they sneeze or cough, packing clean clothes, include the favorite toy. Also, place the name of the children’s pediatrician on a card in their backpack so either of the parents can act quickly if needed.
If nothing can be agreed upon, the only “fix” is filing a motion with the court. We are here to assist you, please contact us at email@example.com.
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