October 16, 2020

Visitation schedules may have been impacted, especially at the beginning of the pandemic response, and many parents who were due visitation and missed their time with their children want to know if there is anything they can do about it. The COVID-19 pandemic has been a disruption on many aspects of daily life, and for parents who are sharing custody of their children, it has presented another obstacle. No one has weathered this storm before, and there are arguments happening about visitation that involves travel, what is considered a school break, and how each parent is handling the restrictions.

Court Ordered Visitation Should Still be Followed

Family law is state specific and anyone who has questions needs to make sure that they are researching the family law in their state. However, most states are generally following the same guidelines when it comes to their response to the COVID-19 pandemic and the impact on visitation. Most courts have indicated that all parenting exchanges and schedules continue to be in full force. If a parent has court ordered visitation, that visitation should go on as previously scheduled.

Does “Shelter in Place” Mean that Visitation Can Be Denied?

Most states have specifically stated that travel for visitation related to child custody orders is considered “essential travel”, and parenting exchanges should still take place, even during the most restrictive phases of quarantine. Visitation should not be denied, and both parents are required to follow the schedule agreed up by the court. However, while denying visitation time would usually find one parent in contempt, the courts can use their discretion given current circumstances.

What Happens if I Missed My Visitation?

Whether your ex denied your visitation, or you yourself didn’t feel comfortable with the exposure of your child in two different environments during the pandemic, many courts are working with parents to find solutions. Most likely, make-up visitation time will be granted once restrictions have been relaxed. It is best if you and your ex can agree on a solution before taking it to the courts, as the courts are not operating as usual either right now and this will most likely not be considered any emergency. Speaking with your family law attorney about a plan to make up your visitation once restrictions are relaxed is the best way to start this process.

If your divorce or separation from your child’s parent is contentious and they do not want to work out a solution for missed visitation, speak with your attorney about how to go about making up the missed time. Although the unknown is stressful and can be scary, most courts will agree that visitation should still be granted.

Common Sense and Flexibility

No parent anticipated a global pandemic when working out their visitation plan. However, in times of stress, it’s important to make sure that the needs of the children are still put first. Children need stability now more than ever, and no matter what you think of your ex-partner and their response to the pandemic, denying your child the opportunity to visit with their other parent can be detrimental to your child’s mental health.

If you missed any court ordered visitation during the quarantine, speaking with your ex and your child custody lawyer is the best way to get time with your children. During these times, it’s more important than ever that your children feel safe and secure with both parents, no matter what the situation. If you’re struggling with this situation, I can help. Call my office today.