Q: With the corona virus environment, can child custody be modified. The children stay part time with at risk adults?
The children stay with their father who is living with his parents. Both grandparents are over 65.
Instead of an everyday custody transfer, perhaps an alternating week would be safer for all.
A:
The odds of you getting court ordered custody/visitation altered because of the ongoing pandemic are EXTREMELY low.
First, the court only evaluates the child's best interest. While I understand the risk they could pose to those in the vulnerable age range, the children are not the "at risk adults" in potential danger. Thus, a court likely would see no need for a change.
Second, custody proceedings are slow. If you started a case today, it would likely be months before you got any decision, which could be after everything settles down. The only way to shortcut that process is to file for emergency custody, but I do not think your facts meet the high standard that would require.
Your best bet would be to discuss your fears with the father and see if you two can reach a temporary out of court agreement until things settle down.
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