Q: Hi, I have a question about retaining my daughter past visitation due to COVID-19
I live in New York, where cases are trending downward. My ex, whom I am not divorced from lives in South Carolina, a state that does not have their COVID-19 cases under control. There is no official custody agreement, but she has been living in South Carolina for a year. My ex and I have already agreed that we would be homeschooling her, but I have video evidence that my ex is not taking social distancing or safety protocols seriously enough. Would I be in the legal right to retain my daughter and homeschool her in New York out of fear for her safety? Or would there be legal ramifications?
A: This is really a SC question as your daughter has lived there for more than 6 months. In general, since there is no order of custody, you both have equal rights to your daughter. If you keep your daughter here, the issue will be decided in a SC court.
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.
