The coronavirus pandemic is a difficult time for us all, and it has placed particular stress on divorced parents who are managing a time-sharing schedule for their children. One significant issue that has come up during this time is one parent may breach the parenting plan and keep the child away from the other parent because of the COVID-19 outbreak.
Your Legal Rights
It is important to acknowledge that this is a challenging time for us all, and parents may have valid concerns about the safety of their children, adhering to social distancing guidelines, and exposure to the novel coronavirus. However, even in these times, both parents have parental responsibility and the legal right to see their child according to the terms of the parenting plan. This means that unless a court steps in with a temporary or permanent modification to the time-sharing schedule, you have the legal right to be with your child and the other parent cannot unreasonably keep the child from you.
What are My Options?
One option is to simply have a conversation with the other parent about their concerns. Allowing them to air their grievances and talk to you about ways to keep the child safe may be enough to solve the problem. If the other parent still refuses to let you see your child, you should consider getting a family law attorney involved.
Your lawyer can seek a couple of different types of remedies in court to alleviate this situation during the pandemic. The first is to get an order from the court enforcing the current parenting agreement. This may even involve a sheriff going to the other parent’s home to enforce the order civilly or with criminal citations. Another option is to make a claim of parental alienation, which could come with modifications to the existing parenting agreement. The final option is to seek additional time with your child after the pandemic to make up for the time lost during the pandemic.
Talk to Our Office
To learn more about your legal options, call or contact The Soto Law Office today to schedule a consultation.