Columbus, OH asked in Child Custody and Family Law for Ohio

Q: What legal options do I have during this pandemic and having to send the kids to their dads?

We both live in ohio but I live in an area that’s more affected, he’s not taking the pandemic seriously, he doesn’t care to do what his kids wish to do at this time(ages 15 yr 9 mo and 12yr 11 mo.)

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2 Lawyer Answers
Anthony C. Satariano
Anthony C. Satariano
Answered
  • Divorce Lawyer
  • Xenia, OH
  • Licensed in Ohio

A: The pandemic does not affect any court orders currently in place. If the dad has court ordered visitation, then you have to comply with that or you risk being held in contempt of court.

If the dad has no court ordered visitation, then you can do what is in your child's best interest and you are under no obligation to provide visits.

I suggest consulting a family law attorney before taking any actions.

Joseph Jaap
Joseph Jaap
Answered
  • Divorce Lawyer
  • Cincinnati, OH
  • Licensed in Ohio

A: If he is not taking the virus situation seriously, and you decide in your children's best interest to keep them from him, in violation of a court order, then realize that he could file with the court to have you held in contempt. At the contempt hearing, you could explain to the judge that he was acting irresponsibly and endangering the children. The judge would decide. If you are found in contempt, the court could make you pay his legal fees, and award him additional time with the children to make up for what he lost. You have to decide what you think is best for them and their health. Use the Find a Lawyer tab to retain a local family law attorney to review the situation and advise you.

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