Q: Can a separated spouse refuse to let a father see his child during corona?
All parties have been in quarantine and while the separated wife has their child starting tomorrow for her week on she has said the child won’t be allowed to return if he sees his girlfriend of over two years while the child is with her.
They currently have shared 50/50 custody. One week on. One week off
A: Since I am a New York lawyer, and your question did not specify where you are located, this answer pertains only to child custody and parenting time (visitation) matters for which New York has jurisdiction. A child custody and parenting time order remains in effect unless and until it is modified. At the time I am writing this answer there is no shelter in place order in effect for New York. There is a 100% of the workforce must work from home except for "essential" businesses but that order should not effect parenting time schedules. Of course if the exercise of parenting time would put the child at imminent risk, such as the girlfriend has tested positive for the Coronavirus, then steps should be taken to protect the child which may include not allowing the visitation to happen and filing an emergency application to suspend the parenting time. Urgent and essential court proceedings are still being dealt with by the courts in New York. While the court will have discretion to determine what is urgent, the safety of children has always been of the utmost importance to the court. Likewise, a parent's right to see their children has always been held to be a fundamental right. The New York courts may very well decide that it is urgent to hear a case about a parent's right to see his or her child or to protect the child during this pandemic.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
