FAQs

Q: Are custody exchanges considered “essential” activities under the Shelter-In-Place mandates?

We, and other experienced family law professionals, generally believe that travel for court-ordered custody exchanges counts as “essential travel” under the Shelter-In-Place orders currently in effect.

Q: Do I have to continue with my current custody arrangement during this crisis, even if I don’t believe it is what is best – or even safe – for my child?

It is our opinion, and the opinion of almost all family law professionals, that the Shelter-In-Place orders do not broadly excuse compliance with court orders regarding custody and visitation. Parents and guardians who, without justification, take advantage of reduced court access and/or the Shelter-In-Place orders to deny parenting time to the other parent will likely not fare well when those actions are brought to the court’s attention.

That said, there will be circumstances where making changes to parenting schedules will be necessary and appropriate to protect the health and safety of the children, parents or other vulnerable family members. The Wald Law Group is available to help you problem-solve around custody issues during these novel and difficult times.

Parenting children through this pandemic is stressful under the best of circumstances. Trying to co-parent when you and your child’s other parent don’t trust each other, disagree on how to interpret current custody orders, and/or disagree on what is required to comply with the “shelter at home” orders is far more difficult. Experienced custody attorneys at the Wald Law Group are available to coach you through your current custody issues, on an as needed basis.

Q: How do I protect my children?

Please remember that these are stressful times for everyone, including your children.  Protecting them from COVID-19 is important; but it also is important to protect them from additional stress and chaos beyond what they already are experiencing due to disruption of their ordinary schedules and routines. We therefore encourage you to do everything you can to limit conflicts regarding parenting. If you can do so without jeopardizing anyone’s health and safety, we encourage you to follow guidelines issued by the American Academy of Matrimonial Lawyers and the Association of Family & Conciliation Courts

Q: How are the courts handling domestic abuse cases during this crisis?

The Shelter-In-Place orders will be particularly stressful for people suffering from domestic abuse. The Family Courts are aware of this problem and are maintaining avenues for people to file requests for emergency temporary restraining orders even when other services are not available. If you are experiencing domestic abuse and need to seek a restraining order, our office is available to assist you in every way we can.

© March 2020 Anne Mania

DISCLAIMER: This article is intended to provide general information about selected legal topics. The information provided is not legal advice, and is published for informational purposes only. It is not intended to be used as a substitute for specific legal advice or opinions, and the transmission of this information is not intended to create an attorney-client relationship between the sender and the receiver. No reader should act on information contained in this article without obtaining the specific advice of legal counsel. The attorneys at The Wald Law Group, P.C. are licensed to practice law in the State of California, and do not offer advice as to the laws of any other state.