Our current world circumstances have affected everything in our lives, and visitation and custody exchanges are no different.  Many parents deal with this dilemma every day - how do you safely exchange children for visitation with the other parent?  Once the children are exchanged, how do you know that the other parent is following CDC guidelines and doing everything to keep them safe?  Since President Trump and Governor Kemp declared a State of Emergency, attorneys have consistently received numerous calls from their clients asking “what do we do now”?   

Attorneys, who usually have numerous opportunities to get into court and protect their clients, have been left with very few options because access to the court system is severely limited.  Custodial parents face a real dilemma, do they blindly comply with an order that was drafted when the words “Covid-19” did not exist or do they risk being held in contempt for failing to comply with the court order when they have legitimate safety concerns for their child or children?  Another issue that commonly comes up is when one parent considers the Covid-19 crisis to be a legitimate public health crisis/emergency/pandemic and another parent does not take it as seriously.  In an effort to help, our local court systems have issued broad guidance intended to assist parents during these unprecedented times.

In the Mountain Judicial Circuit (Stephens, Habersham, and Rabun Counties), the Superior Court has determined that travel for the purpose of exercising parenting time with children is essential travel.  This means that the Mountain Circuit there appears to be a preference for maintaining the visitation schedule for both parents.  In the Northern Judicial Circuit (Hart, Elbert, Oglethorpe, Franklin, and Madison Counties), the Superior Court Judges have taken a different approach and determined that children in a safe environment should remain in the custodial parent’s home during the crisis.  The Northern Circuit’s order provides that the noncustodial parent will be reimbursed for lost visitation time after the danger of this pandemic has ended.  These are two well-reasoned approaches to the same situation.  Unfortunately, the different approaches have left many parents more confused than they were before.

This article is not a substitute for professional legal advice.  All situations are unique, and there may be important facts or issues that affect how a judge could view your case.  In the end, every case shall be considered on a case-by-case basis if it ends up in court.  Additionally, there is always the possibility that circumstances may change and courts may amend their local orders from time to time based on the current public health situation. 

Our firm has extensive experience dealing with custody, visitation, and all other domestic legal issues.  Please contact the attorneys at Sanders, Ranck and Skilling, P.C. at 706-886-7533 or you can visit us at www.toccoalaw.com if we can be of any assistance during these difficult times.