Custody Part 1:
Child Exchange and Denial of Parenting Time
With us being a week and a half into a stay at home order there are a few key takeaway points that you need to know regarding exemptions, adjustments, and the actions you should be taking. As with most of the topics I will be going over the next couple of days, a quick and easy answer will always be FOLLOW YOUR ORDER with some exceptions to that rule.
By now most people have figured out how to make their child exchange work for them; I say for them, because like with most things every situation is different. The important thing to note is that under the Executive Order: Travel between residence for purposes including but not limited to child custody or visitation arrangements is listed as an Essential activity and should follow your exchange agreement. In the event of a conflict where the dropoff/pickup location is affected by the shutdown please adhere to your county's standard order if both parties cannot come to a mutual agreement.
While we understand the concerns and high level of emotional response that comes from navigating through keeping your family safe and healthy during a pandemic. Unless otherwise ordered COVID-19 is not grounds for Denial of Parenting Time. As long as a parent is able to provide care for their child according to their order, there is no need or exception to the order and it must be followed. In the event that an adjustment is proposed, you should follow the steps laid out in your order. In the event that someone violates an order by denying parenting:
- Do not call the police unless there is a threat made to the life or wellbeing to you or your child (they will not respond to non-emergency calls)
- Document any communication with you and the other party
- Make sure to maintain your composure and do not engage with the other person
- Reach out to your attorney for additional insight
I understand that these are only a few answers to these topics and that every situation is different so an answer for one person might not apply at all to someone else. If you have any more questions regarding your order or if you feel your order is being violated make sure to contact your lawyer. If you do not have any current representation and have additional questions please feel free to reach out to me and I will do my best to find you the answer.
Jerkins Law, PLLC