Legal Question in Family Law in California
Family Law: I have primary custody of my son, 16, and mom has primary of daughter, 15. Mom won’t let me visit daughter, despite order, due to coronavirus. She claims she’s honoring the Governor’s order. She offered FaceTime and time compensated. I’d be amenable to this but my daughter will not communicate via text, phone, FaceTime, - with me (uncomfortable and mom has penalized her at times). So, I’m cut off completely, in effect.
I’ve not been in contact with someone infected, not traveled, am adhering to social distancing, etc. Even she admitted she’s taking our daughter out. I suggested waiting the 14 day incubation period but she refused.
1 Answer from Attorneys
This is a very complicated question with no clear answers unless and until governor Newsom issues a mandatory edict of no travel whatsoever. That would be considered
equivalent to a Marshall Law order.
So far, California’s directive is travel only for essential services such as getting supplies food medicine and healthcare. No specific orders I am aware of have been issued concerning compliance with child custody orders.
That being said, and with all that the epidemiologists are telling us, It’s far better to shelter in place and work out an arrangement after this pandemic has passed to recapture the lost parenting time with your children..... Better to have this outcome than to permanently lose time due to death or serious illness that could strike you or your family.
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