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
  • 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.

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