Finding the right co-parenting formula to raise children after a divorce is a tough challenge to achieve. Meeting at a stable common ground is tricky, even when both parties commit to prioritizing the well-being of the kids and are prone to comply with the visitation terms. Since the “stay at home” emergency order declared by the Miami city mayor, amid the coronavirus pandemic, came into force, new complex layers were added to the situation. Is it against family law to stop child visitation during COVID-19? Being fully aware of the importance of this circumstantial yet relevant event, Arturo R. Alfonso, P.A., the family attorney Miami locals trust, is addressing the legal context in which parents should navigate this scenario.         


Can Parents Refuse Visitation Time Due to COVID-19?

The first thing you need to know on this matter is that no court rulings or amendments have been made to exempt child visitation due to coronavirus. Hence, parental refusal to comply with the visitation rights could be held as a violation of the court’s instructions regardless of the “stay at home” orders. Any offense is punishable with sanctions, fees, modifications of the co-parenting plan, or any other option the court sees fit.  


For us, it’s crucial to provide more depth and create a full understanding of the “stay at home” orders. These are not a valid resource for civilians to rely on as a justification to omit compromises ordered by law enforcement or court rulings. In fact, there is a clear disposition that highlights the applicable exceptions. This disposition is identified under essential traveling. 


Essential traveling is in full effect to grant permission to child visitation duties or attend child custody hearings (if it were the case).


If you still have unanswered questions, let Arturo R. Alfonso, P.A., the family attorney Miami locals trust, assist you and guide you! 


What Does a Family Law Attorney Recommend?

For co-parents that need to move across states to fulfill child visitation rights, the breakout of the pandemic certainly is a concerning factor that should be looked after as a family, even when parents don’t see eye to eye.


Taking the time to figure out a plan to comply with the visitations while minimizing virus exposure and the risks of infection is mandatory. Parents need to step up and set a plan that works effectively for everyone, particularly when the child is moving between residences.  


The main recommendations to provide are similar to those instructed by the health and governmental institutions leading the fight against COVID-19.  

  • Apply social distancing practices.
  • Stay at least 6 feet apart from other individuals.
  • Wash your hands frequently and use alcohol-based hand sanitizer.
  • Don’t shake hands.
  • Cover your mouth with your elbow when coughing or sneezing.
  • Use video calls to stay connected.


Contact Us

Worried about your parental visitation rights during the pandemic? Ask an expert in family law about it! Contact the family law attorney Miami locals trust today, Arturo R. Alfonso, P.A. is ready to help!