New York, NY asked in Divorce, Family Law and Child Custody for New York

Q: Joint custody & ex possibly exposed to Covid-19. Can I get a temp order of protection/withhold kids until she's tested?

My children's mother lives with several family member who recently returned from AL and did not do the 14-day quarantine as they should by NY law. I asked her previously to inform me when they would get back to prevent exposure to the kids and myself as I take care of my elderly parents. I've found out that a few family members came back from AL last week and she never informed me. I currently have the kids, can I ask for an emergency temp order of protection or withhold my kids until her and her family members are tested due to unnecessary risk/harm my kids could be in. Mother as of yet has not disclosed this information as she won't respond and my fear is they can be asymptotic and could be spreading to others. Especially now that she is going back to the office. She also has several other family members due to comeback from AL that live with her also.

1 Lawyer Answer
Lawrence Allen Weinreich
Lawrence Allen Weinreich
Answered
  • Divorce Lawyer
  • Garden City, NY
  • Licensed in New York

A: The courts will not issue an order of protection under these circumstances. As to withholding the children you can do that but be aware that you are in violation of a court order and it would be up to a court to decide if you had a reasonable excuse for violating the order.

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.