Some states offer mediation services to parents who have difficulty agreeing on temporary changes and strongly encourage them. Some courts give parties more time to file court documents or cancel hearing dates. In general, however, family courts already have systems in place to address temporary disruptions, disagreements between parents, and potential risks. If you share custody of your minor children with an ex, you understand the stress these arrangements can cause. You hope that the other parent will follow the terms of your parental consent and, more importantly, that your children will adapt as much as possible. The COVID-19 pandemic, which has resulted in shelter orders on site and social distancing policies, is amplifying these concerns tremendously. Divorced or separated parents may face unique challenges when trying to comply with their child care arrangements during the COVID pandemic. While it`s best to maintain the same routine as before the pandemic, social distancing issues and concerns about your children`s health can make this difficult. Debra Reicher, PhD, child and adolescent psychologist, and MariaHensley-Spera LCSW-R, clinical social worker, both from Stony Brook Medicine, explain what you can do to make navigating these uncharted waters less stressful and productive while maintaining peace. Some circles have issued their own orders regarding custody and visitation of children during COVID-19. These include the eleventh circuit, which serves Miami-Dade County, and the seventeenth circuit, which serves Broward County.
In these challenging times of COVID-19, many people are focusing on child custody and parental visitation rights. The focus is on social distancing and preventing exposure to the disease. It is natural that parents are eager to fiercely protect their children from danger. Due to the new working hours of key workers and the risk of exposure, parents may want to temporarily change the current parental and child care regime for the benefit of the child. If parents are able to develop a consensual change that promotes the child`s health, they should ensure that the courts approve those changes. Working with an experienced family lawyer in Orange County to ensure change agreements are properly approved will keep your parenting plan online. Although children are resilient, they are still at risk of contracting COVID-19 and suffering health complications if exposed to the disease. This includes exposure to family members who may have been in contact with COVID-19 and can transmit the disease throughout the family, even if they have no symptoms. Parents in high-risk occupations, including health professionals and emergency services personnel, are at increased risk of exposure and transmission of the disease to family members. Moving children from one household to another increases the risk of exposure, but compliance with an existing custody order is still required. Working with an experienced Irvine lawyer will help you protect your rights and protect your child. In general, parenting arrangements, as well as custody and access orders, remain unchanged and must be followed.
However, you and your ex can negotiate changes to your parenting plan or, if you both agree to the terms, ask the court to make changes to an existing custody or visitation order. While daily life has changed in many ways during the COVID-19 pandemic, one thing has not changed: parties still have to follow their custody orders in the vast majority of cases. Governor Wolf`s housekeeping order explicitly includes an exception for travel required by a court order, as well as for travel related to the care of a minor. On the “COVID-19 Response” page of the Commonwealth of Pennsylvania website, the FAQ explicitly refers to the fact that custody decisions are still fully in effect, effective and must be respected: When it comes to custody issues, parents are generally advised to comply with current child care arrangements and parenting plans. Emergencies or dire circumstances can occur in times of widespread illness, but a Safer At Home arrangement is not in itself an emergency. Deviations from established plans require court approval. The shelter-in-place ordinances make parents wonder how to protect their children while respecting the decrees and directives of the Ministry of Health. Parents should seek advice from an experienced attorney in Orange County if they are struggling to meet plans for complications from COVID-19. The courts make it clear that denial of access during this period will not be tolerated and may result in contempt of court and sanctions. But some parents may have legitimate concerns that might warrant a temporary change of custody, such as: The governor`s stay-at-home order does not alter or crush custodial orders or arrangements. These orders continue to regulate where the child will live.
In a broader sense, a parent should not use the crisis as a pretext to violate court-ordered custody arrangements. If you feel you have a reason for urgency (health problem, etc.), the courts are open to urgent requests. (“Responding to COVID-19,” Commonwealth of Pennsylvania, www.pa.gov/guides/responding-to-covid-19/. Often, child custody is considered in terms of physical custody of the child and his or her place of residence. However, custody or the right to make decisions for the child is also extremely important, especially given the risk of contracting such a widespread serious illness. Legal and physical custody is affected by stay-at-home orders. If you have any questions about custody and especially custody during the pandemic, please contact our family law lawyers at Pyfer, Reese, Straub, Gray and Farhat, LLC. We look forward to working with you. Navigating the legal system is hard enough, just as it is. But if you`re also facing a pandemic and worried about your child`s health, it can be even more difficult. .