If a non-custodial parent was diagnosed as Covid positive, and their paramour was diagnosed as Covid positive. If they had extreme symptoms and two or more hospitalizations, currently on disability from work, not able to resume normal daily activities. Assuming the children have medical appointments, and school forms which ask for contact tracing of anyone the children have been closer than 6 feet of (not social distancing). At what point is it recommended to have a negative covid result before resuming visitation? The contact tracing questions by schools are specifically asking about individuals which children have been around within six feet, and their covid status. How can covid status of contacts be answered if the other party does not re-test or provide a doctor note stating they are no longer contagious? Is there specific info on when it is safe to stop social distancing and stop wearing a mask? The CDC website only recommends when to stop “isolating,” not when to stop social distancing, and not when to stop wearing a mask.
It would be acceptable to stop custodial periods or visitation with the COVID-positive parent until the parent has recovered and no longer contagious. That COVID-positive parent should be proactive to get documentation from a doctor and/or negative COVID test results in order to resume custodial/visitation periods.
In your situation, perhaps the custodial parent makes a clear recommendation to the noncustodial parent that the noncustodial/COVID-positive parent and the live-in significant other produce negative test results so that visitation can begin again. In the meantime, make sure the child has access to the noncustodial/COVID-positive parent via FaceTime, Zoom, etc.
Otherwise, the parents should follow all official CDC guidelines or inquire with his/her doctor.
Lastly, be sure to read through North Carolina’s statement on Custody and Visitation Recommendations During 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
The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.
Assuming that the Covid positive non-custodial parent takes the approach that there is nothing to prove. Assuming that they indicate there is no burden to prove a negative test, and no burden for any doctor’s clearance, what then. The CDC does not indicate any point when being closer than six feet without a mask is recommended. The CDC recommends social distancing six feet apart, and wearing a mask.
I do not feel comfortable with the children being closer than six feet from the non-custodial covid positive parent. There are contact tracing forms for the school, extracurricular activities, and medial professionals who ask specifically if the children have been within six feet of a covid-positive person or a person with symptoms. I can’t answer the contact tracing forms in this case for the children to attend medical appointments, extracurricular activities, and school.
If the positive noncustodial parent refuses to take and prove a negative test, then custodial time should not resume until some agreed upon period of time after symptoms disappear, or the CDC-recommended period of time, if any.
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
The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.