Q: Co-parent with equal custody and visitation is requiring to see a negative COVID test from me before I see my daughter.
I travel once a month for work and follow all protocols including obtaining COVID testing. Every time I travel, my daughter's mother demands to see a negative COVID test from me before she will allow my daughter to come back to me. We have had a one week on/one week off visitation schedule for the past 10 years. She is now withholding my daughter from me. We do have a court date coming up, however, today I am trying to get my daughter and she is demanding to see a negative result before I pick her up. I have never gotten COVID or had a positive result and would never put my daughter in that position. First, is she allowed to require it of me? (It seems to be a violation of my medical privacy rights) Second, is she allowed to determine that my daughter say "quarantined" from me?
Thank you, in advance, for your time.
A: The order is the order and must be followed as written. There have been several reported cases which say that. You have the right to file a violation petition and a writ to get your daughter. In the end, it will be up to the court to decide if the mother had the right to withhold your daughter.
A: If there is a court order of custody and visitation, she can not withhold visitation without a court order. Just as she demands this of you, you can demand it of her, but it is not enforceable without court order.
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