Hello,
I currently have an open custody case in Florida. The mother and I split our child 20 days mother and 20 days Father because the mother moved to North Carolina during the case. Final trial has been moved for a second time with no date set yet.
When I went to pick up my son in NC, the Mother refused to meet me at the exchange location due to the COVID virus. My lawyer filed an emergency motion that same afternoon while I was still in NC but the next morning the courts closed in Broward. Since last week the mother has refused to respond as to when she will make our child available and her attorney continues to say she has gotten no response from the mother.
The GAL in the case has been insistent with Mothers attorney about my timesharing beginning immediately.
What can I do?
Sorry to hear about this situation. Since there is a court order, the Mother is obligated to follow it. If she does not follow it, she would have to demonstrate to the Court's satisfaction that she did not knowingly and willfully violate the Court order. The details of each case are different. While the courts are closed in Broward, they are offering virtual zoom court hearings. Good luck!
You are not alone with this concern. A few observations.
1. If this 50-50 schedule is by agreement, then the parents can modify or adjust as you can agree.
2. Is the schedule is court ordered, then you both have to comply until there is a superseding court order. You should check to see if there is anything posted by the Judge handling your case. You can search for the Judge's official web page or check to see if there is an Administrative Order that addresses this concern.
A local family law lawyer in the Miami area will know more.
However, you should NOT take any unilateral action. The parent who uses this Covid-19 situation as a "custody grab" is going to pay in the long run.
