North Anson, ME asked in Family Law for California

Q: Ex wife is not allowing daughter to visit this summer, claiming too risky b/c of COVID?

My 7 year old daughter lives with her mom in CA. I live across the country. We have a custody arrangement in place, but as far as visitation, the judge never issued a concrete order for exact visitation dates when we divorced. He hoped we'd "come to an agreement." So each year we have just been adjusting how long she comes to stay, but the arrangement is that she comes each summer. She was supposed to come June 12 for 6 weeks but last minute my ex decided to tell me she was uncomfortable with sending her on a plane. So not going to have summer visit. She has said "maybe" for a few weeks in the fall or winter. When I asked her to come to a written agreement, she has completely avoided me. I then find out she took my daughter to a bday party where she played with other kids she doesn't know. Now they are planning summer camping trips. Shes using the pandemic to keep her from me. I can file for a new order, but court said no fam law hearings til Jan. Is there anything else I can do?

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1 Lawyer Answer
Morgan L. Montoya
Morgan L. Montoya
  • Sacramento, CA
  • Licensed in California

A: Hello, I'm sorry you are having this issue. It is heartbreaking when you feel a lack of control over when you can see your child. The California courts are taking the pandemic very seriously. However, generally speaking, the courts are not viewing Covid-19 as a reason to pause visitation exchanges. If you feel that Mother's actions are not within your child's best interests, you have the option of filing a request for an emergency hearing on the matter with the court. I wish you lots of luck and hope you get to see your daughter soon.

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