Child custody amid coronavirus: What Fresno courts, law enforcement, say parents should do
Divorced parents and those living in separate households are facing new challenges and questions regarding how to safely share custody of their young children amid coronavirus stay-at-home orders and an increased need for social distancing.
The big takeaway: Court orders mandating joint custody of a child remain in effect, including children going back and forth between homes, as previously agreed upon.
Fresno County Superior Court provided the following information for parents sharing custody or parenting time during the COVID-19 pandemic.
‘COVID-19 is not a reason to deny parenting time’
Fresno superior court officials wrote in a “recommended court clarification, unless the parties agree otherwise” that “COVID-19 is not a reason to deny parenting time.”
“Unless otherwise ordered by the Court, parents are considered fit to care for their children and make decisions regarding the day-to-day aspects of parenting while the children are in their care.”
A court spokeswoman did not provide more clarity about what that means for parents with coronavirus.
In Florida, an emergency room nurse made national headlines after she temporarily lost custody of her 4-year-old daughter because of coronavirus fears.
It’s not known if there have been similar cases in Fresno County.
Help keep kids safe
It’s crucial parents follow state and county public health directives regarding social distancing and good hygiene, including the frequent washing of hands. To help stop the spread of the contagious virus, non-essential gatherings are not allowed.
Court officials said that “if the parenting plan states that parenting time will occur in a public place, parenting time should continue at locations that are permitted under the health and safety guidelines for the state, such as a large park or nature hike.
“Public places where people routinely touch common contact surfaces (such as parks and play equipment) should be avoided. However, activities where parents and children can maintain social distancing and avoid such surfaces are encouraged.
“If that is not possible, then the parenting time should be conducted virtually via videoconferencing or by telephone.”
The same goes for parenting time that requires supervision if a supervisor is unavailable and another can’t be found, the court said.
How to exchange children
Fresno court officials said that “during the exchange of the children, all parties should follow the CDC guidelines for limiting the spread of the virus, which may mean choosing an alternate location for the exchanges that has less people congregating and less touching of public items (changing from the restaurant to the grocery store parking lot for example).”
The court said children shouldn’t be made to fly back and forth between households, unless mutually agreed upon by the parents, since “air travel is unsafe at the current time.”
Officials also referenced executive orders from Gov. Gavin Newsom “that restrict travel except for essential activities, which generally include caring for minors, dependents and/or family members.”
Sheriff, police address court orders
Law enforcement also provided some information about child custody issues.
“This isn’t our area of expertise, but we have received some questions from parents about joint custody,” Fresno County Sheriff’s Office spokesman Tony Botti said. “What I’ve been telling them is to follow the court order.
“If the home the child is supposed to go to has someone there who is either sick or part of the at-risk group of getting sick, try and have a reasonable discussion with the other parent about ways to work around it. If it is really turning ugly, they must contact the court for guidance. I am told certain offices are still open by appointment to address such matters.
“Unfortunately, I think there are a number of people out there trying to take advantage of the stay at home order, using it as an excuse as to why they can’t share custody of the child. If a parent is clearly violating the court order, then they can call law enforcement to try and resolve it.”
Earlier this month, the Visalia Police Department also shared some information about this on their Facebook page, answering the question: “Do I need to follow my court ordered child custody exchange and visitation schedule?”
Their answer: Yes.
“Citizens may travel to and from custody exchange locations,” Visalia police said. “There may be some very limited circumstances in which child custody exchanges should not take place. For example, if someone in one household has tested positive for COVID-19, however proof may be required.”
Have a problem with the other parent?
Fresno court officials are asking parents not to call emergency responders about parenting-related disputes unless there are “real, immediate, and significant safety-related reasons.”
“Unless the parties are restrained from communicating, parents are encouraged to communicate about precautions they are taking to slow the spread of COVID-19. A parent is not permitted to deny parenting time based upon the other parent’s unwillingness to discuss their precautionary measures taken, or belief that the other parent’s precautions are insufficient.”
If parenting time is missed due to COVID-19 related-issues or government orders, parents are encouraged to “work collaboratively to schedule makeup parenting time that promotes their children’s safety and well-being.”
While Fresno Superior Court remains closed for most matters, it is still handling some family law and support cases, including emergency orders for child custody.
Visitation stays same although schools closed
The court said parents can’t use the closure of schools to extend any previously agreed upon break, vacation or holiday period or weekend with their child.
“While the schools are closed, parenting time shall continue as if the children are still attending school in accordance with the school calendar of the relevant district.”
Summer break or any other designated holiday “means the regularly calendared breaks/vacations or holidays in the school district where the children are attending school (or would attend school if they were school-aged).”
The court temporarily suspended in-person visitation between foster children and their parents or guardians.
Child support questions, other resources
California Child Support Services provides additional resources to help parents.
Child support payments mandated by court orders continue until modified or terminated. The state office said it can help parents start the process to modify their required child support payments if laid-off due to COVID-19.
California Child Support Services said a portion of unemployment benefits are still taken and put toward child support payments.
This story was originally published April 28, 2020 at 7:00 AM.
