The Solano County Superior Court has issued recommendations for custody and parenting during the COVID-19 pandemic. This article will summarize these recommendations as a helpful resource to parents who are navigating custody and parenting during these challenging times. For the complete list of recommendations, go to https://www.solano.courts.ca.gov/materials/SSC_EO/Notice_to_Parents_Regarding_Custody_and_Parenting_Time_During_COVID-19_Pandemic.pdf.
1. Vacation/Holidays Are As If Children Were Still Attending School.
If schools are closed, parenting time shall continue as if children are still attending school and the closure of school for COVID-19 shall not be considered an extension of any break/vacation/weekend.
- COVID-19 Should Not Be the Sole Basis For Denying Time.
Generally, COVID-19 should not be the sole reason to deny parenting time and the presumption is that parents are considered fit to make day-to-day decisions about the children, with the recommendation that parents follow state and local guidance on social distancing and sanitation.
- Parenting Time in Public is Not Prohibited If Locations Are Permitted Under State Guidelines.
If state guidelines allow for the public to be in a place, such as a public park, then parenting time in such places is not prohibited. However, parents are encouraged to avoid locations such as parks and play equipment where virus transmission via contact would be risky. If safe parenting time in public is not possible, then videoconferencing or telephone visits should be made available.
2. Parties Should Work Collaboratively Where Supervised Parenting Time Is Not Available.
If a supervisor is not available due to COVID-19 or government orders for supervised parenting time, the parties should work together to make sure that the parenting time is effectuated in a way that is conducive to their children’s safety and well being, and parties may consider videoconferencing or telephone visits.
- Travel Should Be Limited
Travel should be limited to essential activities, which include caring for minors, dependents and family members.
- CDC Guidelines Should Be Followed During Exchanges
When children are being exchanged, all parties should follow the CDC guideline for limiting the spread of the virus. This means making reasonable changes in light of the risk, which may be choosing an alternate place for exchanges with fewer people.
- Be Aware of Other Needs for First Responders When Calling for Parenting Disputes
Parents are encouraged to consider the need for first responders to be available for emergencies and support related to the COVID-19 outbreak.
- Communication and Transparency are Encouraged During the pandemic
Parents are encouraged to work together and talk about the precautions they are taking to protect their children. However, a parent cannot deny parenting time to another parent who does not want to discuss safety measures or on the basis that one parent thinks the other is not taking enough precautions.
3. Parents are Encouraged to Schedule Makeup Parenting Time:
Parents are encouraged to collaborate to schedule make up parenting time for time that was missed due to COVID-19 or other government orders. Parents should prioritize their children’s health and safety and work together to create a plan that promoted the best interests of their children.
