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Asked in Atlanta, GA Mar. 24, 2020 ,  2 answers Visitors: 30
Question about visitation and custody ?

2 Answers

Anonymous
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Posted on / Mar. 25, 2020 22:46:50

I think it is extremely unlikely he would sue you for contempt of court, and even if he did, I think it is even more unlikely the judge would find you in contempt. Your first and foremost obligation is always to protect your children. When that requires that you and the father show flexibility with the visitation schedule, then you show flexibility with the visitation schedule. Tell the father you are willing to make up for his lost visitation with the children after the COVID 19 virus is no longer a threat to their health. Mr. Zezima's suggestion that you get a note from a doctor advising against flying them to California during this pandemic is a great idea. You should also search on-line for newspapers and other media located in the father's locality in California. Print the articles that discuss the dangerousness of the virus in that area at this time and how long it is expected to last. Follow up closer to Easter to print more of these articles. Showing the Judge the research you performed will also show ample justification for your safety concerns.

Anonymous
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Posted on / Mar. 24, 2020 21:41:45

If you refuse to put the child on a plane, I would think that most Judges would understand that. However, since the courts are closed, he could not get a hearing before Spring Break anyway. His threat is just his attempt to get you to comply voluntarily. The worst case scenario for you would be a hearing later on this year on a contempt action filed now. The Judge could hold you in contempt, but you may be successful in defending that. What you must weigh is that possibility of being in contempt of court against your doctor's advice. Be sure to get your doctor's advice in writing to help with your defense of the contempt action. Of course, there is also the possibility that he will not even file because of the futility of doing so at this time. If you do get served with papers, contact an attorney immediately.

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