Q: Can I legally withhold my daughter from my ex until he completes a covid test?
My ex and his wife are taking a “little trip,” and led me to believe it was local and isolated from other people. I just found out they’re flying cross country and back. Our 7-yr-old daughter, my domestic partner, and I have serious preexisting health issues. I can’t have my ex in my home unless I know he’s covid-free, it’s potentially lethal for at least my partner and I. I will happily let him make up any lost parenting time, as I did when I had to quarantine 2 months ago because of covid exposure. I’ve never been one to interfere in custody and I never badmouth my ex. But this is a scary situation and my partner and I are genuinely fearful of any of us contracting covid. What can I do here to protect my loved ones and myself, but also stay within my legal boundaries?
A: If the parenting time is not given as specified in the parenting agreement, then the other parent can file to have you held in contempt. At the hearing, you can explain to the judge your reasons, and the judge will decide -- probably giving the other parent additional time, but also requiring you to pay all his attorney fees. Use the Find a Lawyer tab to retain a local family law attorney to review all the facts and advise you.
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