Legal Blog

Custody Orders During COVID-19

On Friday, March 27th, the Maryland Judiciary issued a statement that: “All court orders for a child’s custody, parenting time, and child support are still in effect.”

This statement was issued prior to Monday’s stay-at-home executive order by Governor Hogan. That order, however, defines “transporting a family member” or “travel required by a . . . court order” as “Essential Services” and therefore permissible activities. The statement further provides that courts will conduct emergency hearings in the event of a ” . . . credible risk of imminent and substantial physical or emotional harm to a child or parent.”

My reading of the law is that continuing to comply with visitation/custody orders is expected (and required) unless (a) the parents agree upon a new schedule (which is encouraged), or (b) there is a unique, credible, imminent, and substantial threat of physical or emotional harm to the child, in which case a motion must be filed in court.

ABOUT ALEX ALLMAN

Mr. Allman focuses his practice in the areas of litigation (family law and civil litigation), as well as representation of professional athletes (in all aspects of promoting and protecting their non-sports career and brand), as well as acting as outside general counsel for entrepreneurs and small family-owned business.

 

 

 

 

 

 

 

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