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

Q: What, if anything, changes about visitation during this stay at home order?

My ex husband and I have a court order where he gets visits with the kids every other weekend. He had not seen the kids since sept 14th 2019 of his own accord. He even moved to PA a few months back without telling me until very recently and without updating his address with the courts. Our kids are 6 and 5. Our 5 year old is special needs and has had respiratory issues with every sickness he’s had- needing breathing treatments and steroids. Him getting Covid-19 is a very real and serious concern. Suddenly, my ex husband wants to see the kids. I’ve always followed our court order but I do not think it’s safe for the kids to go with him. He’s traveling from out of state, I have no idea how serious he’s been taking the orders for staying safe, and he doesn’t seem concerned about our kid’s health. He also doesn’t have a residence here, so he’d be exposing the kids further with more people. What can I do here?

Related Topics:
1 Lawyer Answer
Joseph Jaap
Joseph Jaap
  • Divorce Lawyer
  • Cincinnati, OH
  • Licensed in Ohio

A: If you refuse, he could file with the court to have you held in contempt. You would then explain your reasons to the judge, and the judge would decide if what you did was in the best interest of the children. There is no way to predict how judges will deal with all the problems caused by the virus lockdown. The judge might dismiss it, or might give the father make-up time and order you to pay his attorney fees. But courts in OH are suspended, and it will take some time to work off the backlog once they re-open. Some courts are handling some business remotely. Use the Find a Lawyer tab and retain a local family law attorney to advise what local courts are doing. The attorney can review all the facts of your situation and advise you. Consider filing with the court to change the visitation since he has had such little contact with the children. You could also ask for an increase in child support.

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.