Asked in Child Custody for Ohio

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?

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

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.

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.