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COVID-19 has caused an enormous number of changes. Visiting family and friends has certainly changed, and it has also affected some family dynamics. In most cases, if you have been exposed to COVID-19 or you have tested positive for COVID, you need to stay away from others. Staying home is the best way to avoid the further spread of COVID-19. However, there are some situations when staying at home or quarantining might not be an option. For example, obeying a court order might also be unavoidable, even if you or a loved one has been diagnosed with COVID-19. COVID-19 and Parental Visitation: Keep Your Normal Schedule When a court has ordered visitation or approved a parenting plan, it has already determined that the parenting plan or visitation is in the child’s best interests. In most cases, the court (and the entire legal system in California) wants children to have frequent contact with their parents. Children benefit a great deal from interactions with their parents. Ultimately, COVID-19 does not change the fact that interaction with both parents is important. Your visitation schedule or parenting plan does not change if you, your child, or your child’s other parent or household members have COVID-19. That means that the general rule is that your normal parenting plan or visitation schedule should continue. However, there are always exceptions to every rule. Exceptions to the Rule: When Can COVID-19 Stop Visitation? First, you should keep in mind that you and your child’s other parent always have the option to agree to halt the current visitation schedule for a short time or make informal adjustments to the schedule. For example, if the parent lets you know that they have COVID-19, you can agree to adjust visitation so that it occurs after the whole household has a negative COVID test or something similar. If you and the other parent agree, you can easily make these minor adjustments—which is often the best way to deal with this unique situation. Keep in mind, however, there is no requirement that the other parent agrees to anything you have proposed that alters the current visitation schedule or parenting plan. If you want to force a change, you will have to involve the court. The court might be willing to change the current visitation plan if certain factors are met. For example, the court might consider things like: Whether the person with COVID is asymptomatic or symptomatic The other parent’s ability to care for the child despite the COVID-19 diagnosis Whether one parent can care for the child outside of the normal visitation schedule Whether it is the parent or the child who has COVID Whether there are others in the house, particularly if they have compromised immune systems Whether the parents involved have custodial or non-custodial custody To learn more about COVID-19 and specific visitation situations, check out our video library. If you would like to schedule an appointment with a member of our team, give us a call. We offer free initial consultations, so schedule today.   [yotuwp type=”videos” id=”S6qioaJnSgg” ]

The COVID-19 pandemic has changed the way we do almost everything. This includes how a co-parent arranges visitation with his or her children. Unprecedented issues arise if the non-custodial parent has contracted the virus and is sick during the scheduled visitation with the children. What do you do if you are the non-custodial parent? Can you force the other parent to comply with the court-ordered visitation even though you are sick? What do you do if you are the custodial parent? Do you have the right to deny visitation for the sick parent despite the court order giving the non-custodial parent visitation? What are the rights of the children? Obligation to Follow the Court Order Court orders must be followed unless you have an agreement with the other parent or a court says otherwise. If the order is violated, the one who violated the order may be held in contempt which means possible jail time and a fine. But when the court order conflicts with the best interest of the children, it may be that the order will not be enforced. The California Family Code provides that “the health, safety, and welfare of the children shall be the court’s primary concern in determining the best interests of children” in order regarding custody and visitation of children. The law also expects both parents to share in raising their children as a matter of public policy. When there is a conflict between the health of the children and the rights of a parent to have contact, the health of the children prevails. If you are a parent who wants to enforce the visitation order even though you have COVID, you need to contact an attorney who can quickly file the proper pleadings and ask the court for guidance. Factors the Court May Consider If you need a court hearing to determine if you can enforce the order for visitation, some things the court may consider include: How long have you had COVID? Has your child tested negative or positive for COVID? Has your child had COVID within the last 90 days? Contact the Mohajer Law Firm, APC for Help There are a lot of factors to consider when figuring out the best approach and what you can and cannot do legally. Hopefully, an agreement can be made with the other parent to change visitation which may be in the best interest of the children. You should not lose time with your children because of something out of control like getting COVID. The time you miss due to your illness should be rescheduled to make up for it. If an agreement can be made, it should be reduced to writing and filed with the court. Give us a call at (626) 569-5200 or contact us online to schedule a free consultation. We will be happy to speak with you about your case in more detail.   [yotuwp type=”videos” id=”LuJ8tqyrWsw” ]