QUESTION
Question about my daughter's health with visitation
Asked on Mar 31st, 2020 on Child Custody - Ohio
More details to this question:
My daughter is a high risk child as she suffers from asthma. We have already been under 14 day quarentien per her doctor and the CDC. I don't want to violate my court order for my girls to see their father but he is a truck driver and lives with his mother and father and I'm afraid for my daughter's health of outside sources. I have been layed off for the past 3 weeks Due to honda shutting down so no outside sources have been in contact with her. I'm just worried about my safety. The CDC said don't send her because she is high risk but her father threatened me as I am in violation. I have documentation of my daughter's health. What can I do? I had already contacted legal aid to help me file paperwork but they had to reschedule due to this crisis. As I am obtaining an attorney before all this happened. All I am is a worried mother.
1 ANSWER
Family Law Attorney serving South Euclid, OH
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N.P. Weiss Law
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Generally speaking Ohio's stay at home order says that you cannot use the threat of coronavirus as an excuse to avoid parenting time. That said, if you have a high risk child and a doctor's note saying that she shouldn't be moved, it is extremely unlikely that a court would find you in contempt for refusing to allow her to see her father. READ THE DOCTOR'S NOTE CAREFULLY BEFORE ACTING ON THIS. Does it actually say "should not be moved" or does it say something else?
I'm curious as to what paperwork you wanted to file. If the father is not challenging your actions then there shouldn't be any need for paperwork. Has he already filed a motion against you? If so you will need to oppose it.
Answered on Apr 13th, 2020 at 6:25 AM