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

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.

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2 Lawyer Answers
Lawrence Allen Weinreich
Lawrence Allen Weinreich
Answered
  • Divorce Lawyer
  • Garden City, NY
  • Licensed in New York

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.

Howard E. Knispel
Howard E. Knispel
PREMIUM
Answered
  • Divorce Lawyer
  • Commack, NY
  • Licensed in New York

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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