I am the mother and 100% custodial parent. He pays child support and has visitation rights, though it is not regulated by any mandates. (I mean, there is not court set visitation days). My daughter is 16 years old. My reasons for visitation refusal are: 1) I am trying to keep her close to home (we have no cases in the area, yet) 2) He has just returned from a flight to Florida where he and his wife have attended a fairly large wedding celebration that included involvement in large gatherings in areas of more than just the wedding and reception. dates there 3/12/20-3/17/20.
I am mostly hoping I can refuse visitation for at least the 2 week (quarantine?) period, though I would feel so much safer if I can deny it until this whole virus thing has cleared.
**On a side note; my daughter is all for avoiding visitation, as she is very nervous about this virus situation and also, not a big fan of her father, so she doesn't have a problem with denying visitation. She also wanted me to ask if she is of an age to legally say "no more required visitations"? I know this is a second question, so if you can't answer, I understand.
In these difficult times it's become difficult to make the best decisions. Given the facts you've presented, it might be a good idea to discuss with him, in writing, your concerns and see if he can agree to modify his upcoming parenting time until a time when your daughter feels safe visiting him. Your daughter may also want to consider vocalizing her fears to him. Any modifications of parenting time you should have in writing, via email or text should be fine.
The above response is general information ONLY and is not legal advice, does not form an attorney-client relationship, and should NOT be relied upon to take or refrain from taking any action. I am not your attorney. You should seek the advice of competent counsel before taking any action related to your inquiry.
I agree with Attorney Korr.
However when you say his child visitation is "not regulated by any mandates"... is any specific visitation memorialized in a written court order? If so you arguably have to follow it. However give the CV-19 issue I doubt if a court would treat you harshly even if you failed to follow the written court order. So its likely that your ex would get makeup visitation after all this is over -- even if he makes a bid deal of your refusal.
If visitation is not specifically mandated in a written court order.. do what is reasonable.. keep the kid home until the father is shown not to have CV-19 (e.g. after the 14 day recommended quarantine period).
I have answered this question with a general knowledge of law. My answer does not create an attorney-client relationship.
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