With many international travel restrictions in place due to the Coronavirus pandemic, many people are starting to question whether domestic travel should be canceled as well. If you want to protect yourself and your children, then it is best to follow the “Stay Home” orders here in California.
One problem you might be facing is the travel choices of a former spouse. If you have shared custody, is there anything that can be done to stop the ex-spouse from taking your children to high-risk locations? The COVID-19 virus can affect people of all ages, which is why it is important for everyone to be proactive in minimizing exposure. It’s understandable that you are concerned about your child’s safety in these uncertain times.
Review Your Divorce Decree
The first question that needs to be addressed is: what does your divorce decree say about restrictions for travel? If you must give permission before a trip, then you might consider a court order if you can see that the travel plans of the other parent are a threat to the child’s safety.
If you are going through a divorce and haven’t finalized the decree, then it is essential to work with an experienced family attorney to build in the right language so you can veto unsafe travel for your children. This document is legally binding, giving you and your family protection against irresponsible choices made by the former spouse.
Child Custody Cases
Sometimes the situation occurs where the parents have children together without being married. In these circumstances, the Child Custody and Visitation Orders need to be reviewed to determine any restrictions for travel in high-risk areas.
Modification of the Parenting Plan
In some cases, it becomes apparent that the current parenting plan is failing to protect the safety of your children. If you are concerned about health and safety issues when the children are traveling with your former spouse, then it might be time to request a modification of the parenting plan. A global pandemic could potentially be seen as a “significant change in circumstances,” which could be deemed by the judge as a threat to the children’s welfare. The parenting plan could potentially be changed to support the best interests of the children.
Legal Support for Family Law
If you need support with your parenting plan or divorce decree, then it is time to contact us at Miles & Hatcher, LLP. We’re here to answer your questions and help with your legal needs. Call us at (909) 481-4080.