The ongoing COVID-19 crisis is affecting the lives of all Americans in many ways. One of those many ways is the exchange of children under custody and visitation orders.
This is a very uncertain area of the law, with essentially no court decisions yet available, but several basic points can be noted. First, the mere existence of the crisis, if neither the children nor any parent has actually been exposed to COVID-19, is probably not alone a sufficient basis for noncompliance with any custody or visitation order. Indeed, emergency orders issued by the governor in at least three states—Illinois, Indiana, and Ohio—expressly list travel required by a custody or visitation order as essential for purposes of travel restrictions. These provisions would seem to suggest a policy that mere fear of COVID-19, without any specific evidence of a risk of exposure to the virus, is not alone a sufficient basis to modify an order or excuse noncompliance.Read More