Q: We are in a state where the coronavirus is spreading rapidly. Is that a valid cause to deny visitation?
A: You get the prize for being the first to ask the question that I predicted Sunday would come up A LOT. The courts are all suspended and this is new so no judge has yet ruled on it. But I guaranty you, a lot of attorneys will be making thus argument. Sending a child back and forth between parents could very likely be spreading a virus.
A: I think common sense will dictate the answer to this question. The pandemic alone doesn't justify denying visitation in my opinion. However, the individual circumstances of each case will probably dictate whether the child would be potentially exposed by allowing visitation. As an example, if both parents are exercising the caution that the pandemic warrants, such as avoiding gatherings, exercising proper germ control, etc, then a judge may likely find disregarding the custody order as contempt. On the other hand, if the parent exercising visitation has demonstrated a disregard for taking precautions to protect the child, then a judge would likely not find withholding visitation contemptuous.
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