Does Illinois’ Shelter In Place Order Affect Child Custody Agreements?

O'Flaherty Law
4 min readMar 24, 2020

Article written by Illinois & Iowa Attorney Kevin O’Flaherty

In this article, we’ll answer questions like:

  • “Is it safe for my child to travel between households during the Covid-19 outbreak?”
  • “What should I do if I’m concerned my child might get Covid-19 at her other parent’s house?”
  • “Can I petition to have my child stay at my house until the risk of Covid-19 has decreased”
  • “What happens if we both get sick with Covid-19 and can’t care for our child?”
  • “What happens to our child custody agreement during school closures?”

Schools Closures

Schools in Illinois and Iowa began closing last week in response to the growing danger and uncertainty over the novel coronavirus, leaving the childcare fate of millions of children in limbo. But what about the children of parents going through a divorce or those who already have a child custody order in place? To start, most child custody orders contain provisions that account for school closures. Since just about every school takes some time off over certain holidays and the summer most parents have probably already worked this out and just need to refer to their custody order for clarification.

However, if the child custody order does not account for an extended period of school closures, or only contains language referencing specific holidays, seasonal breaks, etc, the parents may need to work out a plan. There may be other provisions that are important to address during times of uncertainty such as whether the custody order contains language stating that one parent has the first right of refusal if the other parent requires child care for more than eight hours.

Sickness and Quarantine

Most child custody orders have provisions that explain what happens if one parent or the child becomes so ill that they need professional medical care or are unable to perform everyday physical functions. However, a provision for quarantine due to sickness is likely not in many child custody orders. Hopefully, the parents can amicably work through a plan that puts the child’s best interest first. But, if the…

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