Q: Is it illegal a child's mom forces the father to take the child while COVID positive and also his gf is too.
She wouldn't take no for an answer. Forced her son to be exposed to COVID. Now does the father have the right to keep the child until he fully quarantines?
A:
if the child is exposed to COVID and becomes sick, the parent who forced the child to take the child could be held liable for the child's medical expenses. Additionally, if the child is exposed to COVID and then infects other people, the parent who forced the child to take the child could be held liable for those people's medical expenses as well.
whether or not it is illegal for a parent to force a child to take the child while COVID positive and also his gf is too depends on the specific facts of the case.
A:
In New York, the legality of this situation hinges on the specifics of the custody arrangement and the best interests of the child. If a custody agreement or court order is in place, both parents are expected to follow it unless there's an immediate risk to the child's health or safety.
In the context of COVID-19, if a parent or their household member tests positive, it's prudent to avoid exposing the child. The parent with COVID-19 should communicate the situation to the other parent and seek an alternative temporary arrangement that prioritizes the child's health.
If the mother insisted on the child being with the father despite knowing about the COVID-19 exposure, and if there's no immediate alternative, the father may have grounds to keep the child until the quarantine period is completed. However, this decision should be communicated clearly to the mother and documented.
It's important to consult with a family law attorney to understand your rights and responsibilities in this situation. They can provide guidance on how to handle custody issues during health emergencies and how to approach any necessary legal actions.
Remember, the court typically considers what is in the best interest of the child. In a pandemic situation, this may include temporary adjustments to custody arrangements to ensure the child's health and safety.
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.
