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  1. #1
    Join Date
    Aug 2020
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    11

    Default Child Visitation While Attending School in Person

    My question involves a child custody case from the State of: Idaho

    I have a custody agreement with my ex wife where our 7 year old is with me 3 weekends a month. Due to coronavirus, my wife and our 4 children at home have opted for virtual school and we don’t go anywhere except for me getting groceries. She and myself do not want my other daughter coming over and risking exposure to our household since she is going to attend school in person beginning tomorrow.
    My ex will not accept that I and my wife do not want to take this risk. I fear this will lead to a new court case and more so a claim of contempt which I think could result in fines or jail.
    Please advise.

  2. #2
    Join Date
    Jul 2010
    Posts
    8,006

    Default Re: Child Visitation While Attending School in Person

    Have you pitched it to your ex that it's a good thing as she gets more time with her child now?

    I don't see why a court would hold you in contempt for simply declining to exercise your visitation time unless there is some language in the order making it mandatory to do so.

  3. #3
    Join Date
    Aug 2020
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    11

    Default Re: Child Visitation While Attending School in Person

    Being that it is court ordered visitation is mandatory right there. I am asking what the implications will be for not except using due to COVID risk concerns my wife and I share with regards to my other child going to a crowded school in person. I don’t feel like it is appropriate to force someone to risk a whole household to COVID over visitation.
    What will happen if I do not exercise my visitation.

  4. #4
    Join Date
    Oct 2016
    Posts
    4,301

    Default Re: Child Visitation While Attending School in Person

    I have never heard of a vistiation order that required the person being visited to exercise the right. I'm not saying it isn't the case with yours but without the exact wording of the order you aren't going to be able to get much help.

  5. #5
    Join Date
    Jul 2018
    Posts
    2,745

    Default Re: Child Visitation While Attending School in Person

    No one here has read your divorce decree or custody/visitation order. That said, you not exercising your visitation rights is not contempt and will not get you jailed or fined. It probably will, however, make your child feel that you are shunning her.

  6. #6
    Join Date
    Oct 2016
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    4,301

    Default Re: Child Visitation While Attending School in Person

    Quote Quoting pg1067
    View Post
    It probably will, however, make your child feel that you are shunning her.
    The child will feel that way because the OP is shunning her.

  7. #7
    Join Date
    Aug 2020
    Posts
    11

    Default Re: Child Visitation While Attending School in Person

    Taking care of my household and preventing possible spread is not the same as working to “shun” my other child. For a household to work, they have to work together in difficult situations. knowing my other child is going to school in person has created an environment where I will potentially lose my household family if I allow her over in this time due to COVID risk. My wife will find somewhere else to go with our 4 kids.
    My decree states “obligated time” and lays out the visitation schedule.
    Allowing one child over that is potentially exposed daily in school puts all the rest at risk.
    The other child has face time and we were face timing during the stay at home order phase.

  8. #8
    Join Date
    Oct 2006
    Posts
    16,474

    Default Re: Child Visitation While Attending School in Person

    Quote Quoting Natb
    View Post
    Taking care of my household and preventing possible spread is not the same as working to “shun” my other child. For a household to work, they have to work together in difficult situations. knowing my other child is going to school in person has created an environment where I will potentially lose my household family if I allow her over in this time due to COVID risk. My wife will find somewhere else to go with our 4 kids.
    My decree states “obligated time” and lays out the visitation schedule.
    Allowing one child over that is potentially exposed daily in school puts all the rest at risk.
    The other child has face time and we were face timing during the stay at home order phase.
    The reality of things is that you are putting your children with your current wife ahead of your first child. I understand that your current wife is potentially forcing you to make that decision but the reality of things is that you are abandoning your older child.

    I have no opinion as to whether or not that is the right thing to do in the current situation. However your child will certainly have an opinion.

  9. #9
    Join Date
    Aug 2020
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    65 Holbrook Street, Suite 270 Norfolk, MA 02056
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    2

    Default Re: Child Visitation While Attending School in Person

    Serious issue.

  10. #10
    Join Date
    Oct 2006
    Posts
    16,474

    Default Re: Child Visitation While Attending School in Person

    Quote Quoting Natb
    View Post
    Taking care of my household and preventing possible spread is not the same as working to “shun” my other child. For a household to work, they have to work together in difficult situations. knowing my other child is going to school in person has created an environment where I will potentially lose my household family if I allow her over in this time due to COVID risk. My wife will find somewhere else to go with our 4 kids.
    My decree states “obligated time” and lays out the visitation schedule.
    Allowing one child over that is potentially exposed daily in school puts all the rest at risk.
    The other child has face time and we were face timing during the stay at home order phase.
    I thought of something else that might make a difference in how a court might view this. If mom normally works during the weekends that you have the child, and therefore your refusal to have the child right now impacts mom's livelihood then that might cause a judge to hold you in contempt, since your decree states "obligated time".

    Otherwise, I really don't think that you have much to worry about other than hurting your daughter's feelings.

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