Child Custody During COVID-19

Parents have been calling and emailing us wanting to know if they should exchange their child for a normally scheduled custody exchange even though the Governor of California has ordered a state-wide stay at home mandate. While Governor Newsom did indicate during his press announcement that this order would be socially enforced, it is still a misdemeanor to defy an executive order. What does this mean for child custody exchanges? It means it depends.

Every case is different just like every family is different. You may have specific circumstances in your case that, in addition to the executive order, you are worried about: exposing your child during an exchange, your child has underlying health conditions, you believe the other parent will not act to shelter and protect the child, and so on. From a family court perspective, any judge who might later review your actions to determine whether your choice not to exchange the child (or children) was appropriate will consider the factors above, plus will consider the overall history of your case, the behavior of both parents, the communications between the parents, and any other relevant factors.

If you have a family law attorney, and an exchange is pending, reach out and speak with your attorney before the exchange to discuss the specific factors in your case along with your specific concerns.

Thanks for reading, and stay healthy!