Coronavirus and Parenting Time
Do the Indiana Parenting Time Guidelines apply in this situation?
Parenting time issues have been on the rise with all of the concerns regarding the Coronavirus. As of now a lot of the courts in the state are suspending operations and the Indiana Supreme Court has issued an order as to how Court’s should operate during the emergency. For now most counties are only hearing emergency matters and holding limited hearings to maintain essential operations.
Here is some guidance for how to handle different parenting time issues that may arise due to the Coronavirus.
Does Indiana’s Emergency Declaration Allow me to Withhold Parenting Time?
As of now your current Court order with regards to parenting time stands. You would need a valid concern with regards to the situation at your ex’s home to justify withholding parenting time. To this point, households need to be honest with each other about whether or not anyone in their house is showing any symptoms and needs to self quarantine. The current emergency decelerations have also not limited travel to such an extent that you cannot travel for parenting time exchanges.
3.23 Update Regarding Governor Holcomb’s Stay-At-Home Order
A new statewide order is going into effect that orders Indiana residents to stay at home unless they are at work or traveling for other essential activities. It is important to note that transporting children pursuant to a custody agreement is listed as a permitted activity while the stay-at-home order is in effect.
What are my options if my ex does not Observe the Federal and State Guidance Regarding Coronavirus?
We are not under any formal quarantine restriction so it is difficult to hold a party in contempt for not following this guidance. It is important during this time of uncertainty to have open and honest conversations about how your two households are going to manage everything. It is also a different matter if the parent is knowingly placing your child in danger or into situations where they would almost certain to contract the virus. You would be able to seek emergency relief from the courts in these situations.
What if my child shows symptoms of Coronavirus?
If you believe your child has symptoms of the coronavirus you should follow the advice of your medical providers for how to handle the issue. Showing symptoms would likely rise to the level of an emergency that would require them to self quarantine so that others would not potentially be exposed to the virus.
Can I stop my ex from traveling with my child?
This depends on whether or not you have any restrictions on travel in your parenting plan. Your current court order would be what controls the situation. A lot of parenting plans in Indiana refer to the Indiana Parenting Time Guidelines for this situation which would only require notice of the travel itinerary and emergency contact information. You will likely want to seek legal advice and potential court intervention if they are going to a place that causes you concern due to the outbreak in the area.
What if I cannot pay Child Support due to being off work?
You are still responsible for child support until you request a modification. We would encourage you to work with the other parent with this issue or file a modification if needed.
Need further Guidance?
Everything is evolving and changing daily. Please contact Vining Legal if you have questions or need advice with your situation. We are equipped to meet remotely to help you out with any of your legal needs.