COVID-19 has created a lot of new situations for parents, especially those who share custody after a divorce or court-approved child custody plan. Parents might not have ever thought about whether they would have to agree to give their child a new vaccine. They also might not have ever considered that a child would have to quarantine with one parent or the other.
Now, COVID-19 is forcing parents to ask hard questions, such as:
- Does my child still go to visitation with their other parent if the child has COVID-19?
- Does my child need to skip visitation to quarantine with one parent if someone in the family was exposed?
- Can visitation or traveling to see the other parent be rescheduled informally (without a court order)?
Because everyone is facing these issues for the first time, many of these questions do not have clear answers. However, parents can rely on some general rules to help guide what they should do in these unique situations.
General Rule: Follow the Parenting Plan
When you have shared legal custody of a child in California, you are required to develop a parenting plan. That parenting plan will set out visitation schedules and address many “big picture” items regarding raising your children together. Many plans also address how the parents should work together if the visitation plan needs to be rescheduled.
You should remember that the parenting plan is a court-approved document. Not following the plan can get you in trouble with the judge if the other parent challenges your actions.
Changing the Parenting Plan
You can change a parenting plan by formally requesting a change with the court. However, formal requests to change the plan are generally only used to ask for permanent changes. Any change that you request based on COVID-19 is likely not going to be permanent, so asking for a formal change might not make sense.
If you and the other parent can work together to informally change the parenting plan to adjust for COVID-19, that is often your best option. However, you may want to document that both parents agreed to the change so that the other parent cannot come back and complain that you violated the parenting plan later.
When Matters Cannot Be Resolved: Getting the Court Involved
You can ask the court to approve a change to the parenting plan that stops or limits visitation because of COVID-19. However, the court will review any request like this very carefully. The judge might ask questions like:
- Has the child been tested? What was the result?
- Have the parents been tested?
- Are the other members of the household vaccinated?
- Are there any underlying health conditions that make exposure more dangerous?
Ultimately, the court will always do what is in the child’s best interests. In most cases, visiting with the other parent will be in the child’s best interests, regardless of COVID-19. However, there are exceptions to every rule.
Keep in mind that the last thing you want to do is present your issue to the court and come off as a parent trying to take away time from the other parent without a legitimate reason.
If you have concerns about visitation and COVID-19, set up an appointment with our office to further discuss your options.
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