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” ]