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Mother asks court to restrict in-person visits with 2-year-old’s firefighter father amid COVID-19 pandemic

COVID-19 legal fight A local mother is asking the court to prohibit her child's father from having in-person visits with the child due to his service as a firefighter and EMT. (Tabatha Sams)
(Tabatha Sams)

ORLANDO, Fla. — There is a dispute over whether a toddler should have in-person visits with his father, who is an emergency medical technician and firefighter. In that role, he could be on the front line of the pandemic. Channel 9 investigative reporter Daralene Jones found out the child’s mother is petitioning the court to step in.

Two-year-old Dawson is accustomed to splitting time between his parents, based on voluntary time-sharing agreement. But now his mother Tabitha Sams wants to keep him home because dad is an Osceola County firefighter and EMT and according to court records his fiancee is an emergency room nurse.

“They're making a difference and saving lives, they're also at high risk of contracting the virus,” Sams said.

“Coronavirus

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The boy’s father’s attorney did not want to comment for Channel 9’s report. But referred Jones to a response to the court. The father believes “this an inappropriate attempt to deny timesharing with the 2-year-old, and believes it only came up because he raised concerns about a very bad diaper rash.”

His attorney wrote, “the father and his fiancee are acutely aware of the protocols and have continued strict adherence to those, as have their departments.”

Jones asked Sams about alternatives she could offer up if he’s not able to see his son in person.

“I don’t want him to not have any time with his son or take any time away from him. I told him that I don’t mind them FaceTiming or video chatting of some sort and, of course, after this is all over for him to get the make-up time that he missed with his son. I’m not doing this to be malicious, I just want Dawson to be safe,” Sams said.

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An Orange-Osceola County administrative order that took effect March 27, anticipating custody issues because of stay-at-home orders prohibits parents from unreasonably restricting access to children and states time-sharing agreements should continue. Parents are strongly cautioned that unreasonable, hurtful or destructive behavior may be severely and harshly sanctioned by the court.

Sams’ attorney believes this is a unique situation, which the order doesn’t address.

“You’re looking at what is in the child’s best interest and so that is what the court will consider,” attorney Conti Moore Smith said.

A video hearing is scheduled for next week.

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