COVID-19 Child Custody Q&A by State

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COVID-19 Child Custody Questions & Answers
1 Answer | Asked in Family Law and Child Custody for Alaska on
Q: My kids were homeschooled by both parents in our separate homes this year. I can't make this accommodation next year.

Our divorce began as COVID 19 started. My ex. and I pulled the kids from in person learning as the schools COVID rates were sorted out. Fast forward to now, we have 1 case every few weeks in our small rural Alaskan village and the school has implemented an effective mitigation plan keeping kids... Read more »

Phyllis Shepherd
Phyllis Shepherd answered on Apr 28, 2021

I will assume that you do not have a court order granting either parent sole legal custody. Assuming both of you are equally good parents, courts prefer that equally good parents cooperate for the best interests of the children. Pediatricians and other health care professionals recognize the... Read more »

1 Answer | Asked in Family Law and Child Custody for Texas on
Q: When will my court date be?

My child’s father is not allowing me to have visitation with my daughter. I plan on filing motion to enforce. After I file the paperwork, how soon will my court date be scheduled for?

Jonathan Tanaka
Jonathan Tanaka answered on Mar 24, 2021

Thanks for your question!

It really depends. A lot of courts have been significantly affected by COVID. Many hearings here have been pushed out to June/July.

Have you reached out to an attorney yet? I would recommend that you contact a local family law attorney in Katy, TX so the...
Read more »

1 Answer | Asked in Child Custody for Alaska on
Q: Can custodial parent send child to spend summer out of state without noncustodial parents permission?
Phyllis Shepherd
Phyllis Shepherd answered on Mar 19, 2021

I am assuming that this child is a resident of the state of Alaska and the fact that you call one parent custodial and the other parent noncustodial, suggests that there is an Alaskan court order governing this situation. If the court order does not mention the situation of a child traveling out... Read more »

3 Answers | Asked in Family Law, Child Custody and Child Support for Georgia on
Q: I am Pro Se and would like a continuance to withdrawal from the final hearing via zoom. I want an in-person hearing.

How do I make this request being Pro Se?

Regina Irene Edwards
Regina Irene Edwards answered on Mar 17, 2021

This may not be possible. Zoom hearings are standard because of the pandemic. Judges are required to hold via zoom absent an emergency.

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2 Answers | Asked in Family Law, Child Custody, Child Support and Civil Litigation for Georgia on
Q: Who gets the benefits for Covid relief and dependent tax credit due to custody change in year 2020. See more details!

My ex ended up claiming the kids on taxes and received all the COVID relief money 1st, 2nd, and it looks like the 3rd. Below is the history and im looking for who is the rightful owner of this. Also Ive tried discussing it with the other party several times and the reply i get is "not up for... Read more »

Regina Irene Edwards
Regina Irene Edwards answered on Mar 8, 2021

If you have primary custody, you can claim the children as dependents. You can't do anything about the COVID relief money. If your ex owes you child support since September, you can file a contempt for that.

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1 Answer | Asked in Divorce, Family Law, Child Custody and Child Support for North Carolina on
Q: My Wife's family all have COVID. She wants to bring our 1 yr old to their home for a full week. Do I have legal options?

My soon to be ex wife is taking my son out of state to her parents home where at least 4 people have COVID. Are there any legal routes I can follow if my soon contracts COVID while there?

Mr. Albert Loch Saslow
Mr. Albert Loch Saslow answered on Mar 5, 2021

If you don't have an existing custody case, I would consider filing one ASAP. If you have an existing case, you may want to file a Motion for Emergency Custody before she leaves alleging that the child will be exposed to a substantial risk of bodily injury. Some judges may agree that such a... Read more »

2 Answers | Asked in Child Custody and Family Law for Georgia on
Q: how to file a motion to intervene to gain custody or at least fair visitation of my grandson from other grandparent

The other grandparents have taken my grandson from my daughter under complicated circumstances to which I was not privy too nor given the chance to intervene they are in the process of seeking custody but not allowing me to see my grandchild while they have temporary custody. I don't have any... Read more »

Homer P Jordan IV
Homer P Jordan IV answered on Mar 4, 2021

You may be able to petition for some visitation rights, but it would require working with an attorney. Try contacting Legal Aid to see if you qualify for free legal assistance. You can also try calling the state bar to see if there is a pro bono attorney in your area.

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2 Answers | Asked in Family Law and Child Custody for New York on
Q: Would a judge approve a vacation if 1 of the days falls on a day that the noncustodial parent has?

The non custodial parent has been inconsistent with seeing his child. From March 2020-July 2020 he did not see her. He did not take her for his two weeks scheduled visitation for the summer and he did not take her for his holiday on Christmas Eve. He gets her spring break week and I asked prior to... Read more »

David Ivan Bliven
David Ivan Bliven answered on Feb 28, 2021

The problem on your end is that NYC Family Courts are currently prioritizing emergency cases until the pandemic is over - I don't frankly this this would qualify as an emergency. The issue for the Judge would be why you wouldn't be able to switch the dates of your travel. But ultimately... Read more »

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1 Answer | Asked in Divorce, Family Law and Child Custody for Massachusetts on
Q: Can a joint custodial parent veto a particular child therapist?

I share joint 50/50 legal custody of my 5 yr old child w my ex. Our agreement was filed w the court in 2017. My ex would like a therapist (who has not yet met our child but has shown bias against me as a non-birth mom) to start seeing our child every other week for therapy. Our current child... Read more »

Lillian J. LaRosa
Lillian J. LaRosa answered on Feb 24, 2021

You should request a therapist referral from the provider who is leaving for a successor therapist. Both parents should have input for the new provider. If the other parent refuses and there is a proceeding pending or if there is not a proceeding one would need to be brought- for Modification... Read more »

1 Answer | Asked in Child Custody and Divorce for California on
Q: Can I continue with my divorce proceedings in Northern California if the divorce was filed in Southern California?

My ex filed for divorce in Southern Cali a few years back. We have yet to finalize it. I would like to hire an attorney in Northern California since this is now where I live (We both have since left S. California). My ex's attorney is based out of Southern California. Is it possible to... Read more »

Tobie Brina Waxman
Tobie Brina Waxman answered on Feb 23, 2021

Under certain limited circumstances you may be able to file a motion to change venue. If there are minor children involved and they have moved to No. Cal. and have lived there for more than 3 consecutive months, it may make sense to move the venue to a court closer to where the minor children... Read more »

1 Answer | Asked in Family Law and Child Custody for Texas on
Q: What's the best way to approach the situation without breaking court order?

The parents are unmarried & recently separated. I want to make sure that the baby has same amount of time with each other. Because of the pandemic & the winter we are enduring. The father thinks I'm using it as an excuse to alienate. But he works (he has had the past week off cause of... Read more »

Jonathan Tanaka
Jonathan Tanaka answered on Feb 19, 2021

Hello, thanks for your question! I would recommend that you reach out to a local attorney in your area soon so that the attorney can learn more about what is going on and advise you as to how to proceed.

The title of your post says "without breaking a court order" -- is there...
Read more »

2 Answers | Asked in Family Law, Child Custody and Child Support for Texas on
Q: My son has 2 boys 9 and 10 years old. He and the mother were together for 4 years. He paid everything including ins.

insurance and her mothers rent and taxes. They split and she only allowed him 1 hour on Sunday to see them and only what she said they can do. Now its at 2 hours but he has not seen them in 10 months. He try to call them at the assigned time she gave them but has instructed boys they dont have to... Read more »

Sharita Blacknall
Sharita Blacknall answered on Feb 10, 2021

Your son needs to hire an attorney to file a suit affecting the parent-child relationship. This will give him an enforceable order regarding visitation and child support. If the mother does not follow the court's order the Judge has the option to give your son extra visitation days to make up... Read more »

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1 Answer | Asked in Child Custody for Maine on
Q: During covid times, going through a custody hearing, how do I speak for myself, bring a witness or present documents?

Other parent has been around there whole life but his living conditions are why we are in court after warning him several times to improve them or we're going to court. But I am the bad parent for keeping them from him for 3 months until we went to court? Their 8 and 9.

Robert Guillory Esq
Robert Guillory Esq answered on Feb 6, 2021

in most Maine courts during covid hearings are conducted via the zoom video conferencing platform. Preliminary motions and conferences are being done by telephone conferences. At some point your case will have a pretrial conference and you will tell the judge or magistrate how many witnesses you... Read more »

2 Answers | Asked in Family Law and Child Custody for New York on
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... Read more »

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Jan 31, 2021

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.

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1 Answer | Asked in Family Law and Child Custody for Florida on
Q: Due to Covid I might not be able to live in my rented home, or home town.

In our family plan, it says it I cannot move more than 50 miles away. But he has moved over three times always in the 50 miles further and further. We’re almost at the furthest point we can be. I currently live in Miami I would like to move to Fort Lauderdale or maybe even south somewhere where... Read more »

Vanessa Vasquez de Lara
Vanessa Vasquez de Lara answered on Jan 29, 2021

Relocations are moving more than 50 miles from where you lived at the time that the parenting plan was entered. The move is not 50 miles from the Father. This could lead you both to living up to 99.9 miles from each other if you each move almost 50 miles from the original family home. This could... Read more »

1 Answer | Asked in Family Law and Child Custody for Ohio on
Q: I live in ohio on the pa line and was told by my ex that I can't see my child because of covid lock down rules.

Do I have the right to see my child in pa

Joseph Jaap
Joseph Jaap answered on Jan 14, 2021

You have the rights given to you by the court order for parenting time. But the lockdown rules have created an unusual situation, and problems for compliance. You can file a motion with the court to enforce the court's order, but your ex can then explain to the judge her reasons for limiting... Read more »

1 Answer | Asked in Family Law, Child Custody and Divorce for California on
Q: Is it considered kidnapping if I bring my daughter with me to visit family in Hawaii if my husband doesn’t give consent?

My husband and I are still married, live together in Southern California, and never had any custody hearings. He doesn’t want our daughter to go. His reasoning is because of COVID-19 but we just went to visited his parents in Northern California. So I don’t see the difference.

Paul Ylvisaker
Paul Ylvisaker answered on Jan 2, 2021

No. If you are parents married with no court orders limiting where when and who the child can be with, either parent can travel freely subject to not putting the child’s health safety and welfare in jeopardy. In this case that would following protocols for travel. Covid-19 has been addressed by... Read more »

1 Answer | Asked in Child Custody, Child Support and Family Law for Texas on
Q: My step daughter’s mother tested positive for covid. If the child is negative does she have to stay with her?

My step daughters mother and her boyfriend tested positive for COVID. My stepdaughter who lives with them majority of the time tested negative in which my husband and I suggested she not stay with her mother if she is negative. But her mom refuses and says she will quarantine with her. She... Read more »

John J. Pfister Jr.
John J. Pfister Jr. answered on Jan 1, 2021

This is a unique problem related to the COVID situation. The Texas Supreme Court has issued a general order that parents are to follow the underlying order regardless of lockdowns and school closures. If a parent wants to deviate from the current order - for any reason including a positive COVID... Read more »

1 Answer | Asked in Child Custody, Gov & Administrative Law and Tax Law for Georgia on
Q: The December 2020 stimulus checks, Will the state of Georgia garnish those relief funds due to child support arrears?

If those funds are intended for the relief of the financial burdens of the American populus, incurred due to COVID-19. If the state plans to cannibalize those funds, How is this "help" going to due anymore than the last so called "help" for those who we're struggling Pre-COVID?

Regina Irene Edwards
Regina Irene Edwards answered on Dec 29, 2020

Yes, the state will take the funds and give them to the custodial parent for child support arrears. The state isn't cannibalizing the funds. The money is owed for child support that should have been paid previously, so that is where the money is going - to help the child.

1 Answer | Asked in Child Custody for Maryland on
Q: Looking to see if I can get help with Child Support.

Set up Child support in 2016, i believe, making $67,000 yrly. Due to Covid my pay has decreased significantly. Because of this I have reached out to child support for Modification, Unfortunately I was told "You do not need to file a modification your job can only take 65%." I am currently... Read more »

Mark Oakley
Mark Oakley answered on Dec 28, 2020

The only was an existing child support order can change is if a court issues a new order. The way you get a new order is to file a motion to modify child support based on a change of circumstances. The other parent can consent to the change by agreement, which would make the process go fairly quick... Read more »

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