What if the Other Side of my Child Custody case is in the Healthcare Industry…
Do we Still Exchange Child Custody and Visitation?
(*disclaimer – nothing in the post is legal advice for you and your unique situation. Contact your lawyer and or doctor for actionable information specific to your case.)
We’re getting variations of this question on a daily basis. The default rule is that “the order speaks for itself,” i.e., the plain language of your Order controls the situation. If Custody and Visitation schedules could be disregarded upon a “stress test” and only applied in the best of times then they wouldn’t do us much good.
More broadly speaking, I don’t think people on the front lines of all this should be rewarded by not seeing their kids unless that individual makes his or her own decision to withhold contact.
In our view, there are 3 options:
(1) follow the order — be where you’re supposed to be when you’re supposed to be there. That said, check with your Child Custody lawyer to make sure there haven’t been any “administrative orders” entered which would apply to your case. (*Several counties, via administrative order, have limited in-person visitation between family and children in DHR custody, as if that situation didn’t suck enough already.)
(2) informal deviation on a visit by visit basis — this is a mutually agreed upon deviation from the schedule on a one-time basis. It should have the active support of both or all sides. It should be in writing via email or text message. It should be a one time thing, with the next visit to be addressed when the time comes. We still recommend speaking with your Child Custody lawyer before any deviation.
(3) if you don’t like the order, file something — in our experience, the mere spectre of all this has not been ruled as grounds for modification or violation of a current Custody and Visitation Order, i.e., you can’t modify your order just to err on the side of caution. However, upon credible evidence of a confirmed case in a household or where individuals involved are at an increased risk, a Court may consider an exception in your case.
This article contains general information and should not be construed as legal advice for you and or your unique situation. If you would like to speak more about how you, as a Committed Parent or Caring Relative, can be more effective in your Child Custody case, please visit www.ThinkFoxtrot.com/public_calendars/ to schedule your initial consultation at one of our offices. ~SW, Foxtrot