So, say a zombie level coronavirus lockdown occurs and my kids are with me when the hammer falls but I share custody. Am I still legally expected to somehow deliver my kids to the ex as if it was just another Tuesday? Or is there some kind of legal interim loophole? Or say the kids are with him, do I have any legal right to go get them? Exactly how would custody exchanges work in a full lockdown?
First, my default advice to clients is: "If you can physically follow the court order, follow the order. There may be compelling and valid reasons not to do so, that a judge would agree justify deviation. However, the safest course of action is almost always going to be following the court order as you will be held accountable for its violations." Currently, we are not in a mandated "Shelter in Place" the way that other states are. **If** an order like that were entered and **if** that means children are not permitted to leave the home except for medical appointments (or anything that does not explicitly say custody), then you can talk to a lawyer about whether you are "physically able to follow the custody order." If you are not permitted by law to conduct custody exchanges, then you are not in contempt. The same will go for the other parent; if the order went down during his custodial time, then your child would have to stay with him. Right now everything is up in the air and so it's better to remain in communication with the other parent about how to handle custody exchanges under the current situation.
I am not sure that a legal answer can be given to your very important question.......the practical answer is do the smart thing ....
