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Testing is Key in Covid Custody Cases

Nov. 3, 2021

Covid-19 brings a whole new set of challenges for divorced and separated families. Find out more about how could this affect you and your children..

Unfortunately, with the Covid pandemic there are concomitant custody issues between co-parents that have arisen.

Some co-parents are essential workers or someone in their household may be an essential worker. The other co-parent sees this as a risk to their child.

Some co-parents or someone in their household may be seen by the other co-parent as not following the State or CDC recommended guidelines for Covid e.g. social distancing, wearing a mask, hand washing.

Some co-parents have summer or holiday parenting time with their child in another State that may have a high number of Covid cases at this time, a so called “hot spot.” The other co-parent may see this as an unnecessary risk for their child.

Some co-parents or members of their household may have had Covid and the other co-parent does not want the child returning to that household until there is no risk to their child.

So, what is a co-parent to do? What are the Courts doing?

By and large, the Courts are following the guidelines of the States in which they are in and supplementing with CDC guidelines where applicable.

So, for many situations, testing may accomplish the desired need to assuage concerns by co-parents about the safety of their child in the other co-parents household and its members.

Co-parents may wish to be prepared to exchange test results of the members in their households if an issue arises between co-parents or an issue is taken to the Courts for resolution.

For CDC guidelines on testing and return to work testing, go to for more information.

New York State testing guidelines:

New Jersey State testing guidelines:

Connecticut State testing guidelines: