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Judge clarifies custody ruling

Doyle gives follow-up on decision that ended exchanges due to coronavirus threat

HOLLIDAYSBURG — Those involved in Blair County child custody cases can continue their exchange practices after assuring each other of steps being taken to protect the children, themselves and family members from coronavirus exposure.

President Judge Elizabeth Doyle, whose earlier ruling ended custody exchanges when a statewide stay-at-home order went into effect April 1, on Wednesday rendered a clarifying follow-up order.

In the follow-up, custody exchanges are permitted if those involved discuss, agree and assure each other that they:

* Understand the risks associated with COVID-19 infection and illness.

* Will practice social distancing during custody exchanges.

* Will take personal responsibility for any consequences resulting from a custody exchange.

The judge’s clarifying order generated relief for a Hollidaysburg father who expects to spend at least part of Easter Sunday with his son.

“That’s good news,” the father said. “I’m super happy to hear that.”

An Altoona father who accused Doyle of taking away his parental rights established in his custody agreement, reserved judgment about the follow-up order.

“Once I have my kids, that’s when I’ll be pleased,” he said.

An Altoona mother said the follow-up order provides her with some hope.

She last saw her son, she said, on March 31, and based on the earlier order, didn’t think she would see him again until after April 30.

She was among the non-custodial parents who were angered by Doyle’s first ruling, temporarily ending custody exchanges until the governor lifted or modified his stay-at-home order.

In the follow-up order, the judge said she “endeavored to provide certainty to parents and children, and for safety of all, to limit the person-to-person contact and family-to-family spread involved in custody exchange situations (during) this medical emergency.”

She also noted that some Blair County custody cases involve transferring children across counties within the state and into and out of counties very much affected by the coronavirus pandemic.

In that original order, Doyle directed primary custodians of children to “make every effort” for non-custodial parents and parties to communicate with the affected children. Suggestions included telephone calls, video communication and text messaging.

Some non-custodial parents, however, found those alternatives to be unacceptable replacements in light of their written custody agreements or agreed-upon practices.

One parent, in response to Doyle’s original order, initiated an online petition to spur change and drew an unconfirmed 400 signers.

In Wednesday’s follow-up order, Doyle also encouraged parents who have yet to achieve a custody agreement to keep children in touch with non-custodial parents and parties through telephone, text, video, email, regular mail and social media communication.

The alternative for those who cannot agree is to file a petition with the court.

Mirror Staff Writer Kay Stephens is at 946-7456.

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