One of a parent’s greatest fears, losing their children. Essential workers are finding their child custody put at risk by their participation in the fight against the Coronavirus.
A publicly shared via social media, court order from the Sac and Fox Nation District Court in Oklahoma, reveals that a judge has taken judicial notice of the Coronavirus as a pandemic with no current vaccination. The petitioner has filed documents with the court stating that the respondent has “alleged proximity to Coronavirus”. The order also mentions that one of the children has a pre-existing health condition and concludes that it is in the best interests of the child to have them picked up and places with the petitioning father.
A second woman from Spokane Washington, was facing a similar issue after a Coronavirus case was confirmed at Eastern State Hospital where she works, and the father sued for custody. She has since won her case and her child remains with her.
There is an order from the Texas, the Second Emergency Order Regarding the Covid-19 State of Disaster, which stipulates that the closure of schools does not change custody orders and that the parties may alter the agreement if so allowed by their custody order.
“Possession and access shall not be affected by the school’s closure that arises from an epidemic or pandemic, including what is commonly referred to as the COVID19 pandemic.”
Stay-at-home orders put a parent at risk of falling foul of the law in either direction, stay at home and fail to comply with a custody order or cross a state line to take your child and fail to comply with the Stay-at-home order. Some states have issued guidelines that travelling to the other parent’s residence is considered an essential trip but it is still feeling like a lose-lose situation for many.
Other states have issued quarantine orders of 14 days for those entering the state. This means that a child who has their time split between two parents could be required to quarantine for longer than either visits duration. (Which may not be the worst thing in the current health crisis.)
No matter your situation or state, now may be a good time to speak with your attorney regarding your specific childcare and legal concerns.
Reference
- Coronavirus used in Stroud custody battle emergency order | KFOR.com, https://kfor.com/health/coronavirus/coronavirus-used-in-stroud-custody-battle-emergency-order/ (last visited Apr 6, 2020)
- NAVIGATING CHILD CUSTODY IN THE TIME OF CORONAVIRUS – CNN, https://www.cnn.com/2020/04/01/health/child-custody-wellness-coronavirus/index.html (last visited Apr 6, 2020)
- How Does COVID-19 Affect a Parent’s Visitation Rights?, https://spectrumlocalnews.com/nys/watertown/news/2020/04/01/how-does-covid-19-affect-a-parent-s-visitation-rights- (last visited Apr 6, 2020)
- Does COVID-19 coronavirus affect Child Custody or Visitation? | Attorney Sung Kim | news-journal.com, https://www.news-journal.com/ask_the_expert/attorney_sung_kim/does-covid-19-coronavirus-affect-child-custody-or-visitation/article_0dede2da-7441-11ea-8927-97ac30ff348d.html (last visited Apr 6, 2020)
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