I understand parents with custody visitation orders can still exercise their visitation rights during NC Stay in Place orders and those orders are excluded from the stay in place orders. Can you provide guidance?
Custody orders must still be followed during the COVID-19 pandemic. If a parent or someone in the parent’s household has tested positive for COVID-19 or is showing symptoms of COVID-19, then it is generally acceptable for the other parent to keep the children until recovery, but the custodial parent should make FaceTime, video chats, etc. widely available for the children and the other parent.
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.
So if there is issue with a positive COVID-19 test etc. you can exercise your rights for visitation visiting from out of state say from VA to NC? these custody orders are excluded from these NC or other states " Stay in Place orders". thank you
The court order should always be followed but it’s not likely that a parent would be held in willful contempt of the order for not sending the children to the other parent’s house if that parent has tested positive for COVID-19. The key is to have communication between the parents in order to make the best decisions for the health and safety of the minor children.
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.