Long distance travel - Covid

Due to Covid, my ex is trying to take advantage of the situation. We live on opposite sides of the world (CA, NC). We do have a child custody order in place. My son is a kindergartner in year round school. Because of all kids learning remotely from home, schools are following a traditional calendar schedule for the remainder of the school year (last day is 6/12). He will start back school on 7/8 as a 1st grader. Our order spills out a custody order for a year round school as well as a traditional calendar year. In following the year round schedule, my son isn’t supposed to fly to the other side of the would until August/September time frame. He has asked for almost a 3 week visit in June stating “since he is following a traditional calendar schedule”. I originally told him no as Covid has nothing to due with the current order in place as his next chunk of time with my son isn’t until August/September but to let me know if there is a weekend he’d like to visit him in N.C. (which is the child home state). He of course didn’t agree with this answer and just yesterday received an email from his attorney about this. Any advice on how others are handling long distance parenting during the pandemic. CDC also recommends staying at home if the travel is non essential. Is asking his dad to visit him in his home state not a reasonable “meet me in the middle” in this case? Would you allow your little one to fly next month during the pandemic?

To the extent there are no health issues, court orders must be followed as if there were normal circumstances. If the father would not ordinarily receive a visit until later this summer, then that is the schedule that should be followed.

Be sure to read North Carolina’s Custody and Visitation Recommendations During COVID-19.

Also, check out our COVID-19 Resource Page for more information on custody and COVID-19.

Anna Ayscue

Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest

Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here

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