Doctor who lost child custody because of the coronavirus gets daughter back, for now

A South Florida emergency-room physician is getting her daughter back after an appeals court suspended a judge’s order stripping her of custody because she works with coronavirus patients.

Miami’s Third District Court of Appeals on Tuesday issued a stay of the judge’s order, meaning Dr. Theresa Greene can continue sharing custody of her 4-year-old daughter as legal wrangling continues between the doctor and her ex-husband.

The decision came four days after Miami-Dade Circuit Judge Bernard Shapiro, in a decision that outraged some members of the medical community, ruled that the child was at heightened risk of contracting the highly contagious virus because of her mother’s work.

Shapiro had sided with Greene’s ex-husband, Eric Greene, who argued that his ex-wife was at “significantly higher risk of contracting COVID-19 since she is an emergency room doctor and exposed to the virus on a daily, if not hourly basis.”

The legal battle is not over, but the appellate court’s decision means the mother’s “time sharing will be temporarily restored effective immediately,” her lawyer, Steven Nullman, wrote in a statement.

“While we are beyond grateful for today’s ruling, we know that this matter is far from over. We will continue to work diligently for Dr. Greene, her daughter and all the other first responders and medical professionals,” Nullman said.

Across the world, billions are sheltering at home under government orders to avoid catching and spreading the potentially deadly respiratory virus — and the restrictions have in turn upended countless child-sharing arrangements. Most affected are healthcare workers, who are treating people infected with the virus and are more at risk of getting sick themselves.

The American Medical Association says it believes medical staffers should be with their families, as long as they are taking precautions to stay virus free. Dr. Greene said she has already tested negative for COVID-19, and wears proper masks, gloves and goggles when dealing with infected patients.

This story was originally published April 14, 2020 at 5:21 PM.