Currently, parties are to continue to exercise regular visitation/parenting time under the court-ordered schedule unless one of these 3 circumstances exist:

1. If the child or visiting parent tests positive for COVID-19 or shares a household with someone who tests positive for COVID-19;
2. There has been an advisement that he or she, or someone with whom he or she shares a household, has possibly been exposed to COVID-19; or,
3. Has, within the last 14 days, traveled to any area with a CDC Level 2 or 3 Travel Health Notice.

Immediate notification of any of these 3 circumstances should be provided to the other parent.  If any of these 3 circumstances exist, then parenting time shall be suspended with the other parent for a period of 14 days.  A full copy of the Kentucky Supreme Court Order can be found at:  https://kentucky.gov/Pages/Activity-stream.aspx?n=KentuckyCourtofJustice&prId=165

During this time parents are urged to work together to reach a cooperative amicable solution considering both circumstances of the parents.  If a parent is at higher risk of exposure and still working in an essential field or shares a household with persons whom are at higher risk of exposure, then that parent may consider the following modifications during this time:

• Electronic Visitation – If any parent/guardian is unable to exercise regular visitation, then liberal electronic contact should be permitted.  Electronic contact includes Facetime, skype, zoom, or any other form of video calls.
• Limited Contact Exercising Social Distancing – A parent may consider allowing some in-person contact, while also maintaining the Centers for Disease and Control’s social distancing guidelines and prevention measures, including maintaining 6 feet between each other. With the warmer weather, this can be exercised at an open local park, outside in the yard at home, a walk or riding bikes around a neighborhood, or other creative options you are able to come up with.
• Make-up Time Consideration – If there is missed regular parenting time/visitation during this time, then make-up time should be considered and may be agreed upon by the parties.  Those agreements should be in writing between the parties and can be transferred to an agreed order within the parties’ custody or divorce case action.

Safety Should Come First.  If a parent, child, or guardian is in a high-risk category to be affected by COVID-19, then the parties should consider limiting the contact to prevent the potential exposure.  See https://www.cdc.gov/coronavirus/2019-ncov/need-extra-precautions/index.html for a list of those persons per CDC who need to take extra precautions.

If a parent withholds parenting time/visitation and does not meet the 3 circumstances within the Supreme Court Order, and there is no other reasonable reason given for withholding the time, then the parent withholding the visitation may be subject to contempt of court.  Contempt is punishable up to 179 days in jail and/or fines, and the parent whom missed their parenting time will likely receive make-up time.  The best solution is for the parties to work together during this time to reach a consensus of what can work best for you and your circumstances. 

If you need assistance with resolving these issues then McMahan Law Firm, PLLC can help.  Call (270) 986-7908 or visit the website, www.mclawky.com to schedule a consult.