Asked in Child Custody for Indiana

Q: Can a joint custody parent withold child against agreement

My daughter has a ten year old son which she and the father share joint custody with the child switching between homes every other week set by a custody agreement. The stepmom stated last night that they were going to keep him until the corona virus has passed. Her reasoning is he is safer there. Can they legally keep him from his mom? Is this violating the custody agreement? Please help my daughter is frantic.

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1 Lawyer Answer

A: At this time things are changing day-by-day with the coronavirus issue, so your daughter will want to stay tuned to any updates from the Governor or other legal entities. However, for the time being, the guidance from the Governor and the courts is that all parenting time is to continue as-is, without interruption, unless there is a true, immediate threat to the health and safety of the child.

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