Child Visitation During Coronavirus: What’s the Best Plan?
How have you been handling child visitation during coronavirus? If there are difficulties and a lot of miscommunication, then you’ve come to the right place for helpful information.
Read further for details on the best plan to take.
Introduction
In the world around us, there are those who are taking the coronavirus seriously, following all recommendations set forth by our country’s Centers for Disease Control strictly. At the other extreme, we have those individuals who tend to either think it is not real, believe they are immune to it, or just refuse to care. The rest of the population is somewhere in the middle – concerned and taking precautions, but not going overboard with either.
We have all heard the stories that even the closest families are having disagreements on just how cautious to be. So, it is only natural that two parents living in separate households will have differing opinions.
When raising a child or children together, how do those differing opinions impact the visitation plans? How should this even be addressed to address all concerns and keep everyone safe?
The Concerns
First, let’s look at some of the concerns. Parents on either side have been contacting their lawyers, law enforcement, and even local courthouses – struggling to find answers in an unprecedented situation.
- How do I shelter in place with my kids if it is their father’s weekend for visitation? Do shelter-in-place orders override visitation?
- The school has gone virtual. What does this mean for my visitation?
- My ex-wife’s mother lives with her and she is vulnerable. I am a teacher. Will my contact at work put my ex-mother-in-law at risk? Should I not see my kids?
- My child has to travel for visitation, but we are afraid of the virus. What can we do?
- The mother of my kids has tested positive for COVID-19. Can I keep the kids until her tests come back negative?
There are so many questions and so few answers. What do we do? Who do we contact? What is the best plan for visitation during a global pandemic?
How COVID-19 is Affecting Child Visitations and Custody Arrangements
Since the early part of 2020, the government in California has been urging people to practice social distancing, imposing lockdowns, and encouraging shelter-in-place orders for certain areas. This, as a result, has led to many questions.
One thing, however, has been made clear by the courts: denying visitation due to the virus, in general, violates the court order.
While some may understand that this may give one parent the opportunity to withhold children from the other parent, many people are just concerned about the virus itself – and the health and safety concerns that come along with it.
Visitation Orders
When you went to court (or mediation) to come to an agreement for custody and visitation rights, an order was put into place. This order spells out all the details about when and where and how visitations between each party are to take place. These orders are very specific – and for good reason.
Now, if your order was put into place pre-coronavirus, there is a good chance that nothing within that order states anything about what to do in case of a global pandemic, right? Here’s the thing – that does not give you the authority to make changes on your own.
An order put in place by the court is to remain in effect until another order replaces it or until the judge dismisses or vacates it. You cannot simply make up the rules as you go, no matter how much you are thinking of the well-being of your child. Again, your custody order reflecting visitation remains in full effect – until it is modified in some way by the court system. Do not try to make these changes or adjustments on your own.
Open the Lines of Communication
Perhaps one of the best things you can do right now is to open the lines of communication between yourself and the other parent. Remind yourselves that you are both parents to the child or children – and you both are seeking the best interest.
Keep in mind that there has been a lot of extra stress that has come with the introduction of the coronavirus into our lives – loss of routine, loss of jobs, loss of life, and more. This added stress can further strain an already-strained relationship.
- Be understanding.
- Listen to concerns.
- Try your best to communicate.
- Agree to follow CDC recommendations.
- Be flexible.
The more you allow the lines of communication to be open, the easier it will be to navigate these unchartered waters. Though, we understand that there are just some relationships that are too broken to maintain an open dialogue.
If you find yourself here – and you feel like you need to take extra steps to keep your child or children safe during this pandemic, then perhaps speaking to an attorney can be the best place to start.
Talk to an Attorney
Nobody wants to have to go back to court. After all, if you find yourself with a court order dictating visitation rights and schedules then you have already been there, done that. The funny thing about life is that it never remains the same. Sometimes, when you least expect it, you find yourself facing a huge obstacle course.
This could be what handling visitation while dealing with the coronavirus and keeping our loved ones safe looks like. You could find yourself with children doing virtual school at home, an unemployed other parent, and new roles in life altogether. Maybe yours has an obstacle course all its own.
Whatever the COVID-19 virus has brought into your life – where your kids are concerned – you should know that you do not have to handle it alone. While attorneys may have never dealt with a coronavirus in their lifetime, they still know the law – and they know the outcomes of recent cases due to situations like yours.
They can help guide you through the steps necessary to protect your children. Whether that means continuing with visitation as is, seeking a temporary change order, or seeking to change the order indefinitely. Talk to an attorney and help protect your family – especially your kids.
Conclusion
COVID-19 has found its way through our country, through our communities, and into our households. But it cannot cause your child’s visitation to waiver. Keep pushing through with your court order or speak to a lawyer to determine what steps you can legally take.
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