Q: Do I have to maintain a custody agreement if my kids are at risk of exposure for COVID?
My ex and I have custody agreement however he told us last night that he had to be tested for COVID and is currently exhibiting symptoms. I have expressed my concern and that I think he needs to wait at least until he is symptom free before being around our children to be cautious and prevent spreading any illness. He has stated that he will not inform me if his test is negative/positive and is demanding he still gets our kids this weekend since per our custody order, it would be his weekend with the kids. Do I have to still send my kids with him while we know he is currently sick and will I be facing problems that could affect MY custody with our children if I dont send the kids?
A: He got tested. I would expect a responsible parent would not expose his children in the event he tests positive -- whether he tells you the test results or not. In fact, I believe we have all been told that if anyone tests positive for Covid-19 that they should quarantine and isolate themselves even from family members. 1) he is exhibiting symptoms of possible corona virus; 2) he's been tested. If I were in your place, I'd also like to know the test results before sending my children to his home for his custodial time. While I can't cite to any law on point, in my opinion your concerns are reasonable under the circumstances and it seems necessary that he share the test results with you before you send your kids to his house. Again, this is only my opinion. It's not legal advice because there really is no legal precedent for what is going on these days.
A:
I am not a child custody attorney, but I would think if he tests positive for CV 19 you could apply for and receive an emergency order temporarily modifying visitation rights. You may also be able to have an order for him to disclose his test results, and any future test results, to you. This is done "Ex Parte" usually on one day's notice. You need to get the advice from a competent child custody/ family law attorney in your area. You are in Orange County and they are holding emergency order hearings in Santa Ana at the Courthouse. You will be able to see a judge quickly on this.
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