Custody & Visitation During COVID-19 Pandemic


During this time, you may find yourself faced with issues regarding custody and visitation, as school schedules tend to govern this exchange. The Supreme Court has issued an emergency order which clarifies visitation and custody times.



SCAD NO. 2020-26

SECOND EMERGENCY ORDER REGARDING THE COVID-19 STATE OF DISASTER


1. Governor J. Kevin Stitt issued Executive Order 2020-07 on March 15, 2020, declaring an emergency in all 77 Oklahoma Counties caused by the impending threat of COVI D-19 to the people of the state.


2. The Oklahoma State School Board on March 16, 2020 ordered all accredited public schools in the state to cease operations for students and educators until April 6 in response to the pandemic COVID-19 novel coronavirus.


3. This SECOND EMERGENCY ORDER is issued to clarify the procedures to be followed in all Oklahoma district courts. This order applies to and clarifies visitation or parenting time schedules in Family/Domestic Relations/Dissolution of Marriage/ Paternity/Guardianship and/or any other cases concerning custody and visitation/parenting time of minor children, wherein a school schedule is used to determine visitation and/or custody.


4. For purposes of determining a person's right to custody and visitation/parenting time, the original published school schedule shall control in all instances. Custody and visitation/parenting time shall not be affected by the school's closure that arise from the COVID-19 pandemic.


5. Nothing herein prevents the parties from altering a custody and/or visitation order by written agreement, if allowed by the assigned judge. Written modification agreements will not be enforced unless filed. Based upon courthouse restrictions, it is recommended that the original signed written agreement, including the case number, be mailed to the court clerk's office in the district court which has jurisdiction over the parties. 6. Nothing herein prevents courts from modifying their orders. Courts should use remote access for hearings involving modification of the existing orders, if possible.


6. Nothing herein prevents courts from modifying their orders. Courts should use remote access for hearings involving modification of the existing orders, if possible.


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