Q: Due to Covid-19, Do I have the right to keep my child home with me in his primary home even if there is a custody order?
I have joint custody of my child. He spends 5 days of the week with me and 2 days of the week with his other parent. The custody order is for 50/50
Now because of the stay home order due to Covid-19 I'm wondering what my legal rights are to keep him home with me in his primary home tell the order is lifted of course.
I feel it would be unnecessary travel and exposure to both house holds yet the other parent has made treats to get law enforcement involved if I do not bring them the child.
What are my legal rights? Please help!
A:
The Oregon's Family Law advisory committee has issued an guideline for parenting time during the pandemic. Most courts have adopted this as an order for cases within that county's courts jurisdiction. You can read my summary of this advisory and go to the links I provided in this blog article: https://www.portlandlegalservices.com/blog/2020/04/08/Statewide-Court-ordered-guidlines-regarding-Adapting-Parenting-Plains-During-the-COVID-19-Pandemic.aspx
My advice to you is to follow the normal parenting time schedule. Failure to facilitate parenting time can be grounds for a change of custody. Right now the courts are only doing minimal procedures. If you really really have grounds to believe that this would endanger your child's health or safety then you could try to get an immediate danger order. But read the court guidelines. The pandemic alone, with all it's associated risks, is not grounds to restrict parenting time.
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