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COVID-19 Family Law Questions & Answers
2 Answers | Asked in Family Law, Child Custody and Health Care Law for New York on
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?

T. Augustus Claus
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answered on Nov 22, 2023

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... View More

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1 Answer | Asked in Child Support and Family Law for Georgia on
Q: If my case was closed, five years ago, can my daughters mother reopen it in charge me five years worth of in arrears

The mother and I made a verbal agreement about paying support plus other things. She found out I was in a relationship and my case was reopened. because I wasn’t paying the full amount of child support which is why we stop the child support in the first place due to the way I work by the job and... View More

Alake Colwell Furlow
Alake Colwell Furlow
answered on Sep 27, 2023

Closing a child support case doesn’t stop the child support. Closing the case stops child support enforcement of the order. Also, when she agreed to a lesser amount, that didn’t change the courts order. So anything less than the order you weren’t paying she could ask the court to order... View More

2 Answers | Asked in Family Law, Immigration Law, Adoption and Child Custody for California on
Q: Can I Adopt My Goddaughter From Mexico if I Have Been Providing for her over 3 Years?

My Goddaughter lives in mexico with her parents, but they had financial problems due to Covid-19 and I have been providing everything she needs during the past few years. Her parents are willing to relenquish her custody to me, but I want to know if I could leagly adopt her and bring her to the US.

James L. Arrasmith
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answered on Aug 27, 2023

Adopting a child from another country involves both the laws of that country and U.S. federal immigration laws. If her parents willingly relinquish custody, you could initiate the international adoption process, which is governed by U.S. Citizenship and Immigration Services (USCIS). Once the... View More

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1 Answer | Asked in Family Law and Education Law for Florida on
Q: Minor party is currently enrolled in Online school, mom refuses to go to in-person school. What can be done?

Minor party is currently enrolled in Online school. Has been since COVID put all kids out in March/April 2020. He is now almost done with his 6th grade year and is struggling. He has not retained any information. Constantly behind on assignments. Mom does not stay on top of him in regard to his... View More

Rand Scott Lieber
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answered on May 1, 2023

You do not mention the legal status between you and mom. Are you married? Divorced? Never married? Step one is to look at the court order, if one exists, regarding responsibility for the child. School is an issue covered by "shared parental responsibility." If the parents cannot agree... View More

1 Answer | Asked in Family Law and Probate for Ohio on
Q: My parents made changes to their will and signed and had this witnessed leaving me their house.

My parents made a change to their will leaving me their home. This was signed by them and had two witnesses. My parents died a few days apart from Covid. The probate judge has had their will for over 2 years and says he never seen this. Now my attorney has to file a case law. I’ve been living in... View More

Aaron Epling
Aaron Epling
answered on Mar 20, 2023

Even if the will says that you get the house, and assuming the house is going through probate, the judge can force the sale if the estate has creditors or other beneficiaries with interests that cannot be resolved without selling the house. I advise you to ask the attorney whether s/he represents... View More

1 Answer | Asked in Family Law and Child Custody for Nevada on
Q: If my children have direct covid exposure and dr advised quarantine am I wrong to keep our kids during dads week of vist

I am mom and kids got covid exposure from step dad. kids are negative covid with heavy symptoms, and taking medicine.

Janice Jacovino
Janice Jacovino
answered on Feb 7, 2023

Your should discuss the information with dad and see if you can reach an agreement and give him the information on the children's health. As long as the travel time or being with dad does not harm the children, Dad can decide if he should to have his visitation time when the children are ill.

1 Answer | Asked in Family Law and Child Custody for Ohio on
Q: Is my daughter’s mother allowed to withhold my visitation for COVID scares and positive tests even though I was exposed?

My 4 year old was exposed (supposedly) on Friday, but had surgery on her arm on Saturday, with no precautions taken by the hospital. I spent all day with her and her mother in the hospital on Saturday. Now, the mother states my daughter has tested positive and refused to appear at our exchange... View More

Nicholas P. Weiss
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answered on Oct 26, 2022

No. The covid emergency orders explicitly stated that you could NOT do this. If she is doing this in violation of a parenting order then you can file a motion to show cause.

1 Answer | Asked in Family Law and Health Care Law for Puerto Rico on
Q: What recourse toward hospital not living up to father's living will in PR? How do we take him off life support?

My father has been in residence at La Casa Del Veterano in Juana Diaz for many years along with my mom. Sept 24/25 he was taken to Hospital San Cristobal for problems with Covid, where they were told and then provided with a living will by my aunt. They said because it was created in the US, it... View More

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Sep 29, 2022

The Puerto Rico Notary Law, Public Law No. 75 of July 2, 1987, as amended, requires that legal documents authorized by notary publics in the U.S. be legalized by the government institution that authorizes the commission of notary publics in that state. Then, said document should be protocolized by... View More

1 Answer | Asked in Criminal Law, Family Law, Civil Litigation and Libel & Slander for Michigan on
Q: Assuming there is enough evidence to substantiate my claims. Is my ex-girlfriend accountable in any way for tearing our

child's amniotic membrane 8 weeks early to get on FMLA at work? and then for going out of her way to maliciously infect me with covid, and then for falsely accusing me of PPO and stalking when I asked to see my child too many times? How do I hold someone like this accountable? and how do I... View More

Brent T. Geers
Brent T. Geers
answered on Jul 21, 2022

If it is a crime you are alleging she committed, then you can certainly contact the police and make a report; it's likely they will say this is a family / civil matter and stay out of it.

Is there a current PPO? You need to file an objection and have a hearing about that. Until then,...
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2 Answers | Asked in Family Law for Florida on
Q: Unfortunately my spouse passed of Covid in January of 2021. I am not on the home loan.

Mortgage company will not assist me. At this point I am afraid that I am going to lose our home. I don't have the means to pay for an attorney. I want to know my rights as a surviving spouse in Florida? Thanks in advance.

Rand Scott Lieber
Rand Scott Lieber pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 18, 2022

As a surviving spouse you have a legal ownership interest in the real property (house). However, you are also financially responsible for the house. If your spouse was the only person on the loan (mortgage) then you will need to refinance in your own name moving forward. Because the lender was only... View More

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1 Answer | Asked in Family Law for Washington on
Q: What can I do to get my son, 12, vaccinated for covid? His mother is anti-vax & thinks covid is a hoax & she refuses.

She is the custodial parent but we have 50/50 say regarding major medical decisions. She has stopped me twice now (during my visitation) by contacting every pharmacy in our rural area and complained saying she doesn't consent and now no one will give my son the vaccine stating they dont want... View More

Zachary C Ashby
Zachary C Ashby
answered on Feb 3, 2022

When two parents disagree about medical decisions, the first step is always to follow the alternate dispute resolution provisions of your parenting plan. This can be mediation, arbitration or counseling.

After you have gone through that process, you would be able to directly to the Court....
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1 Answer | Asked in Family Law for Ohio on
Q: Does COVID-19 give ex the right to with hold makeup parenting time?

We have a parenting agreement that states any/all parenting time missed has to be made up within 90 days. Ex is claiming due to child having COVID-19 (which was the cause of missing the time) she does not have to comply with the order to make up this time. The courts told me there is no current... View More

Bridget Sciscento
Bridget Sciscento
answered on Feb 1, 2022

No, your ex cannot refuse makeup time with the child. There is a court order in place that directs any missed time to be made up within 90 days regardless of the cause of the childing missing the parenting time, it needs to be made up within the 90 days. If your ex does not comply with the make up... View More

1 Answer | Asked in Family Law and Child Custody for Maryland on
Q: Do I need permission from my ex-wife to get my kids covid tested.

I have 50/50 joint custody and my ex is anti-vax and anti covid-19 testing. I want to take my kids to a convention this weekend that requires testing and so I ran it by the kids first, with the intent to ask her after I talked to them. One of the kids told her before I had a chance and now... View More

Mark Oakley
Mark Oakley
answered on Oct 19, 2021

Is there a court order or judgment in place awarding one of you sole residential custody, or sole or final say in major medical decisions, or do you have shared custody or to you share those decisions equally? Is there a custody agreement in place that addresses the issue? You need to review your... View More

1 Answer | Asked in Estate Planning, Family Law, Medical Malpractice and Wrongful Death for Florida on
Q: My father is in ICU in Orlando FL due to covid. He has been in ICU and on a ventilator since 8/28. He has a DNR, but n

But no living will or advance directive. They took him off sedation 3 days ago, and have called us to tell us he has lesions on his brain and that they “believe” he’s brain dead. But when asked the doctor cannot say for certain he sees brain damage. Today is Sunday 9/26. They want us to agree... View More

Linda Liang
Linda Liang
answered on Sep 27, 2021

It depends on whether your father designated health care surrogate or proxy. If he did not, the law provides a pecking order of person to make decision on his behalf. The first on the order is court appointed person, followed by the spouse. If you have reason to believe that your step mother is not... View More

1 Answer | Asked in Family Law and Child Custody for Ohio on
Q: My daughter's father has tested positive for covid. Our daughter and myself have both tested negative.

She was/is with him for his time according to our shared parenting plan. He is refusing to allow me to pick up our daughter. Can I take her against his wishes and can I refuse visitation with him due to his positive covid result (

Cathy Cook
Cathy Cook
answered on Sep 26, 2021

Generally, the Courts are not requiring parents to relinquish parenting time due to a positive COVID test. Has your daughter been vaccinated or is she too young? Does she have any health conditions? Is he wearing a mask, having her do so, and keeping distance?

You might see if her...
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1 Answer | Asked in Family Law for Illinois on
Q: Father of 10yr old and share 50/50 custody. Me and his mother disagree about the dangers of corona

I have given up going to what I’d consider high risk places long ago, never do I go anywhere without wearing a mask as additional protection for my own protection and my sons. The mother sees no issue going to bars, events etc. that I consider high risk without a face mask. Im concerned this is... View More

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Sep 21, 2021

It is a difficult situation.

You cannot compel another parent to use the same level of seemingly reasonable to you precautions to protect your 10 year old son.

Also, a 72 hours "quarantine" will not assure that the son will not get exposed to any Corona strain as...
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1 Answer | Asked in Family Law and Child Custody for Massachusetts on
Q: My mother has court ordered visits of one of my daughters, with the rise of Covid again, I'm not comfortable with it

They have 2 grown children who also live in MA and visit them almost daily, but my mother lives in RI. They aren't cautious, but I don't want to be held in contempt. I've offered video calls and outdoor visits, they won't budge. How do I keep my foot down?

Kimberly Erwin
Kimberly Erwin
answered on Sep 12, 2021

I don’t know that you can. If the court order was entered after the start of the pandemic, you most likely need to allow visits. If it was entered previous to the pandemic, I would suggest requesting masks (as well as your other requests) be worn in writing. If they refuse, I would document the... View More

2 Answers | Asked in Family Law and Child Support for Georgia on
Q: Can I request a bank statement to show the judge how my ex-husband was able to pay his bills?

My ex-husband filed child support modification due to a job loss, after COVID his company closed, my ex has an engineering degree, 12 y exp, judge ordered him to look for a job we had a court in June before the final hearing. My ex still can't find a job, he’s been out of work for almost a... View More

Regina Irene Edwards
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answered on Aug 30, 2021

It's possible to subpeona bank records so you can track spending and income. There isn't an easy way to explain the process. You have to issues the subpoenas, give notice to the other side and also know how to get them into evidence.

You should probably hire an attorney to assist you.

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2 Answers | Asked in Family Law for Florida on
Q: If me and my husband are only seperated, can i stop him from seeing our child because he is not vaccinated?

I fear for my 14 month old baby's life, my seperated husband refuses the covid vaccine and if he gets covid, he's putting my baby's life at risk. Can i stop him from seeing my baby unless he gets the vaccine?

Nicole Vette
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Nicole Vette
answered on Aug 26, 2021

If you disagree on time-sharing you need to file for divorce and ask for the court to order a parenting plan inclusive of a time-sharing schedule. I have never seen the court limit a parent's contact over not having the vaccine and do not think that is a likely outcome absent an extraordinary... View More

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1 Answer | Asked in Family Law, Child Custody and Child Support for New Jersey on
Q: I have a 16 yr old granddaughter whom was living with her mother in GA. Her mom kicked her out and sent her to her fathe

To NJ. Granddaughter wants to live with father. Mother refused to send docs to father. As her maternal grandmother can I ask the court for a law guardian for my Granddaughter. Father can't get birth certificate, his name isn't on it. My daughter wants her daughter to live hard. Job corps... View More

Teresa L. Reichek
Teresa L. Reichek
answered on Aug 23, 2021

Thank you for your question. I am so sorry that you and your granddaughter have to go through this stressful time.

The most direct answer is you can file a grandparents rights application and request formal custody of your granddaughter. Then the court can order your daughter to turn over...
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