How Does COVID-19 Affect Child Custody, Visitation And Support?

During this public health crisis, many parents are concerned about their children’s’ health and wellbeing. While many can comply with the “Stay at Home” orders issued by the Governor, there are also many who work in “essential businesses” and are at higher risk of exposure. Leaving many parents to ask, “can I refuse custody/visitation to the other parent because of COVID-19?”.
The answer is: no. Parents cannot unilaterally deny visitation or custody exchanges from the other parent because they believe the other parent carries a higher risk of exposure to COVID-19. Even if the other parent works on the frontlines of COVID-19, such as healthcare professionals. The only time a parent can deny visitation or custody exchanges is under a written agreement or a Court order.
Other counties outside of Los Angeles have adopted a similar approach. On May 18, 2020, the Superior Court of California for the County of Ventura amended Administrative Order No. 20-09, stating that “COVID-19 is not a reason to deny parenting time… [P]arents are considered fit to care for their children and make decisions regarding the day-to-day aspects of parenting while the children are in their care.” Additionally, it states that “request based on fear, concern, or belief on the part of the requesting party, without supporting facts”, is not a basis for modification of a custody order.
While Courts across California are operating with limited staff and services, LA County Courts are still hearing Domestic Violence Restraining orders, international kidnapping cases, and ex-parte (emergency) orders. Courts in LA are also accepting new filings, including modification of child and spousal support. If your income has been affected by COVID-19, it is important to file a request for modification as soon as possible. Modification orders can be made retroactive to the date the request was filed but not earlier. Parents can request a modification of support if they need to decrease the amount of support ordered or request an increase of support.
If you have questions about child custody, visitation, and support, or need help filing, The Reape-Rickett Law Firm has the experience to help you. Call us today at (888) 846-6166.