Although there is understandable concern and fear surrounding the COVID-19 pandemic, parenting time arrangements, as ordered by Courts, are to followed. In other words, a parent cannot decide to withhold a child from enjoying parenting time with the other parent despite the restrictions otherwise on travel. Facilitating parenting time through parenting time exchanges are at this point excluded from the prohibited activities under which we are operating. Multiple judges, attorneys and legal associations have voiced their informal opinions that attempting to circumvent parenting time or otherwise taking advantage of the current restricted climate to deny another parent her/his parenting time will not be tolerated. Despite the fact that many if not all courts in Indiana are closed, a motion to the court can still be electronically filed and addressed via a telephonic or video-conferencing hearing. If you have any questions or concerns as to what your rights are as the custodial or non-custodial parent facing issues due to the COVID-19 outbreak, please contact Smith Legal for guidance as opposed to making assumptions or unilateral decisions that may result in a contempt finding, modification of a prior order and worst of all, adverse impacts on a child that cannot visit with the other parent.
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