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The current COVID-19 pandemic has been creating its share of uncertainty in our lives, and one question that we’re getting a lot is what effect, if any, the precautions have on exchanging children for custody or visitation. Is it safe to exchange my children? What schedule do we follow? What do I do if I can’t see my children?

As of March 30, 2020, Governor Northam’s Stay at Home Order specifically carves out a travel exception to exchange children between separated or divorced parents. The Order states that “Individuals may leave their residences for the purpose of…traveling required by court order or to facilitate child custody, visitation, or child care…” Many courts are interpreting the governor’s order to mean that, absent exigent circumstances, if there is a current order concerning custody and visitation of your children, you should continue to follow it. If you believe that following the order would put your children in harm’s way, consult with a family law attorney before you take it upon yourself to follow a different schedule. Unilateral action done taken in violation of a court order may land you in hot water if the other parent chooses to take you to court.

Some parents have also been confused over what schedule to follow. If you have a custody order or agreement, there may be different custodial schedules depending on whether there is a school break, summer vacation, or some other circumstance. With school classes being taken online, and with many parents also forced home by office or other workplace closures, you may not know what schedule applies. While the present circumstances are unusual, the school closures should not be seen as analogous to a summer or other school break. After all, school is still ongoing, it’s only that the classes are being conducted from the child’s home now rather than in the classroom. Because circumstances are unusual, however, and if you have an amicable relationship with the other parent, you may work together to put a different schedule into effect, especially if one parent is considered an essential employee and is unable to work from home.

If you have been unable to see your children during the closures, and the other parenting is refusing to follow any sort of visitation schedule, contact a family law attorney right away. Many courts will still hear a case if a parent is withholding visitation or custody as an emergency matter. Even if you do not have a current order for custody and visitation, you may be able to be heard by the court on an expedited schedule.