I have 60% custody of my 3 year old. I was just wondering if the new "stay-at-home" order in California affects a custody order. I've been staying home and avoiding contact with people but I know my ex has not and doesn't seem to take this new virus seriously. Whenever I pick up my child from my ex, she has her hands dirty and I know she spends a lot of time in daycare centers. I have tried to communicate with my ex asking to keep my 3 year old clean and wash her hands often but I didn't get any answers. Today my ex says that he is in quarantine but that he wants his regular visitation. So I asked if he was in contact with someone who had the virus (to me that's what quarantine means) but he continues to avoid answering my question which worries me (I asked 3 times) I know I have to follow the court order but to what extent? Obviously, I dont think anyone should be around someone who has been affected by the virus but when it is impossible to communicate with an ex who thinks this is just a big joke then what do you do?
I am assuming you are the one with legal custody, in which case you can make decisions in the best interests of your child. If legal custody is joint, then both parents have to agree to suspend visitation to observe shelter in place order, but if one is unreasonable in withholding consent then the court is likely to side with the parent who is more protective of the child's well-being. Again, as the other attorney stated, we don't know much re: the effect of this out break and governor's order on custody orders in place. These are extraordinary times. However, common sense geared towards protecting child's best interests should be used. If you think the child needs to be quarantined, and/or to prevent exposure then you can communicate that to the other parent and invite him to agree with you for the sake of your child's well-being. You can also suggest another form of visitation for the time being - FaceTime, Skype, etc. Make sure you communicate with your ex in writing, in case you need the paper trail. Good luck
We do not know anymore than you do at this point in time. Please be aware that everyone in this country is struggling with this and it’s sudden and it’s unprecedented. Sorry... We have no more information than you do.
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