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 (
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?
She already didn't let me see him for over two months because our Governor had the stay at home order in Ohio and now she is forcing me to get the vaccine if I want to continue seeing my son. I wondering if all this that she is doing is actually legal.
If you were not married to her, and if no court has granted you any parental rights, then she has sole custody and gets to determine who gets to spend time with the child, or even deny time completely. You could apply to the court for parental rights, but a judge might agree that she can refuse...Read more »
Can I do anything about it? Also if my son is too much for me, can give temporary custody of him to his father? How do I do that? His father doesn't speak to me at all and I have asked for his help before and he will not help at all. Medically I can no longer live with him as he gives me... Read more »
The past year has been very difficult and has had adverse affects on mental health. The father needs to step up. Start by talking to your son's father about the situation. Also talk to your son's school counselor, who could advise you about family counseling services that are...Read more »
I have full custody in ohio and she doesnt have any legal rights as moved to california. Shes demanding I send her to California during the pandemic and I have no clue who she lives with or would be around if something happened.
It depends on what the custody order or parenting plan says about time with the other parent. Review those, or use the Find a Lawyer tab to retain a local family law attorney to review all the circumstances and advise you.
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 »
Of the social distancing or mask wearing and also live in pa, what do i do? Ive told me ex i dont want them around her bc they not following the rules and going anywhere and fear for my healt and my child’s
If you don't follow the court ordered parenting plan, then your ex can file to have the court hold you in contempt. You could then explain your concerns to the judge. Or you could file with the court to modify the parenting plan to include additional requirements and limitations to cope with...Read more »
An ex just had my baby and we both know we’re going to establish child support soon. I’m on limited hours due to covid And how it impacts our field. Will I be forced to find a new job? I’ve been here a few years and would normally get 40 hours, the last few months have been 20 hours at most... Read more »
The current virus situation affecting your employment could be one factor in determining the child support amount. Use the Find a Lawyer tab to retain a local family law attorney who can review your financial situation, run the Ohio child support calculation using your prior and current income...Read more »
I'm getting divorced end of the week and my witness has COVID and can't attend. It is an uncontested divorce since we agree on everything and we will both be there. Do I have to have a witness to be granted the divorce if the defendant is present and in agreement?
If both spouses are present, and both testify to the grounds for divorce and advise the court they want to terminate the marriage, then no other witness should be required, and the court should grant it, although it depends on your local court and ultimately the judge decides. But if the defendant...Read more »
August 19, and our order states that the children come home 2 weeks before school starts which would have been aug 5. I bought the plane tickets and informed the Father and now that school is being pushed back until after Labor Day, the father is staying he will not send the kids back until aug... Read more »
This is uncharted territory with the schools in flux because of the virus. You can file with the court to try to get an answer, but many courts are operating at reduced capacity, and you might not get an answer before school starts. Check with the attorney who represented you, or use the Find a...Read more »
I’m 18 and I want to move out without my parents permission. My best friend dad is willing to let me stay at his house for free until I get a job and pay him rent. My best friend lives in Colorado and that’s where I want to move. Will my parents be able to call the cops and will they have to... Read more »
You are 18 and can make your own decisions, unless there is a guardianship or other court action. They could call the police, but they won't do anything if you are not in danger. If you leave home, will you still have health insurance and car insurance? If you get sick or go in the...Read more »
My ex husband and I have a court order where he gets visits with the kids every other weekend. He had not seen the kids since sept 14th 2019 of his own accord. He even moved to PA a few months back without telling me until very recently and without updating his address with the courts. Our kids are... Read more »
If you refuse, he could file with the court to have you held in contempt. You would then explain your reasons to the judge, and the judge would decide if what you did was in the best interest of the children. There is no way to predict how judges will deal with all the problems caused by the...Read more »
My ex-husband has picked up our children for spring break and was to return our children back to me on 3.29.20. I drove to Chicago on 3.31.20 where he claims to reside to attempt retrieval because he claimed he couldn't drive due to surgery the week of 3.23.20 - 3.29.20. I had police escorts... Read more »
Your only remedy here is to file for a motion to show cause. I would also file a motion to modify parenting time if he is fundamentally violating the current order to prohibit him from pulling this again. The court likely won't be able to rule on it for a while, but the threat of attorney fees...Read more »
My ex lives in Kentucky and I live in Ohio. We have court ordered visitation but due to the pandemic and the stay at home order, I do not think my child should travel from Ohio to Kentucky for visitation especially when her stepmom is a nurse and is likely exposed to COVID-19 already.
You can be held in contempt. The stay at home order and the pandemic restrictions DO NOT negate court ordered visitation. Travel related to custody exchanges is deemed essential travel and thus is allowed under the current public health changes.
I suggest trying to discuss your concerns...Read more »
My sons father works in a hospital, the grandmother in the home has returned from Washington state, along with her 2 other grand children, my son has been forced to stay with his aunt outside the home who then sent him to an out of the home babysitter. My son has asthma and epilepsy. Rendering him... Read more »
The short answer is: No, you cannot refuse visitation. The stay at home order does not change the visitation/custody order you have. If you fail to follow the court order you have, you could be in contempt.
If you don't provide the other parent with parenting time, he could file to have you held in contempt. The judge will decide if keeping them away was in the children's best interest or was reasonable. The judge might require you to pay his legal expenses, and would give him extra time...Read more »
There might not be an answer for extended virus shutdown. This is new territory. Read the terms of your decree, parenting agreement, and standard court guidelines to see if any of those provide guidance about unusual occurrences like the virus shutdown. If there is any dispute between the...Read more »
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