The Legal Examiner The Legal Examiner The Legal Examiner search feed instagram google-plus avvo phone envelope checkmark mail-reply spinner error close
Skip to main content
Executive Order No. 2020-21 And Its Effect On Your Child Custody Order
Grewal Law, PLLC
(888) 211-5798

On March 23, 2020 Governor Gretchen Whitmer signed into effect Executive Order No. 2020-21.  This Order temporarily requires Michigan residents and businesses to suspend all activities that are NOT necessary to sustain or protect life.  In essence, it is a stay-at-home order that only allows you to leave your home for essential purposes.  What does this mean for child custody?  Are you still required to make parenting time exchanges?

The answer is, YES.  Section 7 of Governor Whitmer’s Order provides for exceptions to the stay-at-home order, and specifically mentions custody orders.  Section 7(b)(4) states:

 (b) Individuals may also travel:

(1) To return to a home or place of residence from outside this state.

(2) To leave this state for a home or residence elsewhere.

(3) To travel between two residences in this state.

(4) As required by law enforcement or a court order, including the transportation of children pursuant to a custody agreement.

In other words, you are still bound by your custody order, and you are allowed to travel consistent with your court order for pick-ups/drop-offs.

As always, extraordinary circumstances may arise.  If you have additional questions or concerns, please contact our office at (616) 259-8463 or via email at dbarnett@4grewal.com.

15 Comments

  1. Gravatar for Troy
    Troy

    I own a landscaping business. As a owner, am I by myself or maybe with one employee allowed to at least keep my business afloat by doing some work outside?

    1. Gravatar for Shelly
      Shelly

      Your work is not necessary to sustain life. So no. https://www.michigan.gov/whitmer/0,9309,7-387-90499_90705-522626--,00.html?fbclid=IwAR3rJ-7Go8DXm4hpMFWZnlr6d9PeHXaxWrJqf9Ru6WMqgv0ufLUng_jYJO0

    2. Gravatar for Jill Fletcher
      Jill Fletcher

      Landscaping alone outside is the same as exercise, as far as keeping social distances of at least 6 feet. No contact, no problem.

    3. Gravatar for Anastasiya
      Anastasiya

      What about metro parks? Are we able to walk around the park

  2. Gravatar for Courtney
    Courtney

    I had my attorney help me write a letter to my sons father to notify him that my son will be staying home for two weeks and any missed visits will be made up after the two weeks. Allowing a visit is only putting your child more at risk for germs to go back and forth. Children especially should be generally quarantined to there homes . With there primary care parent. Especially when the other parent does not clean nor tend to there own health or there girlfriend and her children are never required to wash hands or tend to there hygiene. He can take me to court to fight it im not risking my sons health. And I don't believe any parent should have to follow a custody agreement for two weeks as it IS a law to quartene yourself unless having to go to work or grocery shopping or for medical needs.

    1. Gravatar for Ashley
      Ashley

      I completely agree with this. My ex lives 2 hours away from me. His wife works in healthcare which puts her at a tremendous risk for getting ill and bringing it home. My daughtet would most likely get the virus from them and bring it home to my family of 7. If I violate an order it always leads to him bringing me to court. So I lose either way in this situation.

  3. Gravatar for Robert Taylor
    Robert Taylor

    Can I go to Dr appointments?

  4. Gravatar for Chad
    Chad

    My ex wife and I have 50/50 custody week on week off. I have them as of right now and am a bit hesitant on giving them back as she works in a hospital in a county that has several cases. I have tried talking to her about just letting me have them until some of this is figured out and it has become a battle even though I told her it’s whats in the best interest of the children’s health and would let her make up the missed parenting time when all is safe. What are your thoughts?

  5. Gravatar for Jacob
    Jacob

    I have been on bond for a assault charge and i’m on probation colors. I haven't been tested for about a week and a few days I have a older grandma that I live with and im wondering if they still call people in. I also have a grandmother who is older that I live with and I don’t want to risk leaving and getting her sick from the court house.

    1. Gravatar for LC
      LC

      Have you heard any updates on this? I'm dealing with a similar situation.

  6. Gravatar for Dana
    Dana

    I have primary custody of my daughter but she has to go to her dads every other weekend, he lives 2 hours away from me. I have lost my job to this and also have asthma and an autoimmune disorder. Her father is not taking this serious and has told our daughter that I'm full of shit it's not a big deal. So I'm afraid for her safety and my own for the sake of him having a couple day visit. I told him we could make up time in the summer but he has still threatened to take me to court. Also he just got laid off from a casino...very germy so that scares me also. Help what do I do?

  7. Gravatar for Yvette
    Yvette

    My son has every other weekend visits with his son at my house. My grandson and my son both have asthma history and are allergic to everything. I handle all visit issues as the parents can not talk (Which makes life easier for all) The mother and I had a discussion. She's afraid to send the son for this weekend visit. It's not about me or my son or the mother. It's about that little boy. So we decided its best for him to stay home with his mother while this is all going on. My Grandson will hopefully remain in his home Safe. And we will see him when its safe to do so. Put your feelings aside and do what is in the best interest of the child.

  8. Gravatar for Aly
    Aly

    After this over will the vourts be holding parents accountable for alienating the other parent from their children?

    1. Gravatar for Jennifer
      Jennifer

      My children’s father has every other weekend visitation. He was in the hospital last week and had a procedure done because he was passing kidney stones. I with held my children from him because I felt they were not safe going to his home after he had been staying in the hospital with this virus cases rising. His wife this week went into the hospital because she had a tumor removed from her brain. He feels he should have a makeup weekend this weekend. I still feel the same as last weekend, my children still are not safe from this virus. Him his self was in the waiting room during her surgery and she will be home by this weekend. You also would think they would be worried for their own health during this fragile time for at risk people. I’m not trying to be an awful person, I’m just looking out for my children’s health and the people around us. Am I wrong to be this way????

  9. Gravatar for Michelle
    Michelle

    I am concerned about my child as her brother is high risk due to his asthma what should I do? I know the father feels differently as if he's not concerned about her health as IAM. My attorney keeps telling me I have to follow the order, this is the last weekend as everything was adjourned.

Comments are closed.