Can Parenting Time or Visitation Be Withheld Because of Coronavirus (COVID-19)?
A fairly constant question since Ohio’s March 22, 2020 “stay at home” order has been whether a parent can withhold parenting time from another parent based on the risks of COVID-19. The short answer: no, you cannot withhold parenting time because of risks of Coronavirus infection.
Section 14 of the stay at home order defines Essential Travel. Section 14(e) includes as an example of essential travel “Travel required by law enforcement or court order, including to transport children pursuant to a custody agreement.”
The stay at home order fairly explicitly sets out that a parent, worries about the risk of infection, cannot use that as the basis of refusing to allow parenting time or transportation for parenting time.
That said, this essential travel still must comply with Social Distancing Requirements. These include
maintaining at lease a six-foot social distancing from other individuals,
washing hands with soap and water for at least twenty seconds as frequently as possible, or using hand sanitizer,
covering coughs or sneezes (into the sleeve or elbow, not hands) regularly cleaning high-touch surfaces, and
not shaking hands.
If a parent is refusing parenting time based on their fear regarding COVID-19, they can be held in contempt of court for violating the custody order. A court has fairly wide discretion in ordering sanctions, including assessing fees, changing the parenting plan, and awarding attorney fees incurred in filing the motion for sanctions.
Nicholas P. Weiss is the principal of NP Weiss Law. He can be reached at nick@npweisslaw.com, or via phone at 216-417-5111. npweisslaw.com.
This article is meant to provide general advice and does not create an attorney-client relationship with Nicholas Weiss. Your situation may be different, requiring a different analysis. Do not rely on this advice without first discussing your situation with independent counsel.
