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.
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