March 5, 2021
The global pandemic has caused significant changes in how we live. For one, social distancing is highly recommended to help slow the spread of the virus. Additionally, COVID-19 has affected how people travel. However, what does this mean for child custody and visitation rights? How safe is it to co-parent during a pandemic?
Child Custody: Temporary Modifications
Some parents have already asked a court to prevent the other parent from visiting their child to prevent the spread of the virus. However, many courts remain reluctant to prevent a high-risk parent from totally seeing their child during the pandemic.
In some cases, a court may temporarily reduce parenting time should a parent fail to take precautions to protect the child’s safety or acts in a way that could put the child in danger.
Each situation is unique; therefore, family courts haven’t adopted a consistent approach yet.
Social Distancing in Custody Arrangements
Social distancing doesn’t directly affect custody arrangements. Therefore, you should continue following your current custody arrangement unless you and your ex agree to an alternative plan or a judge changes it.
Today, courts are clear that denying visitation during this time will not be tolerated and could result in contempt of court and sanctions. Still, some parents have valid concerns that could justify a temporary change to custody.
Some valid reasons are if the ex has been exposed to a COVID-19 positive person, the ex is showing symptoms of the virus, the ex has a high-risk job and is frequently exposed to COVID-19, or the child is at high-risk for COVID-19.
Legal Advice for Child Custody
There will be some situations when parents can’t agree on the same thing, which is why you need to contact a family law attorney to help you resolve the issues. Most lawyers conduct online consultations, or you can check your local state or state court websites as they are now starting to provide guidance on custody issues.
Emergency Custody Orders
In the case that your child’s health will be at risk, it would be worth considering asking a judge to intervene. You and your lawyer may be able to acquire an emergency temporary child custody order from your local court.
Co-Parenting in the Time of a Global Pandemic
Co-parenting during the pandemic may be more challenging. It is truly up to both parents to find a way to work together during this time.
To make co-parenting a success, it’s essential to keep communications open. Make sure all communications remain productive, which means that you and your ex should talk to find a solution together as the goal.
Additionally, it’s crucial to find ways to stay more connected despite the physical distance. Schedule virtual visits between your co-parent and the child.
Conclusion
Child custody during a pandemic is new; therefore, it’s a good idea to consult an attorney to help you navigate the custody rules during this time. Every situation is unique, which means you need to have the right legal advice that will suit your child’s needs.
Here at The Dorsey Law Firm of Jacksonville, we can help you manage child custody during the pandemic. Contact us today for more information on our legal services.
