The spread of the coronavirus prompted some states to declare a lockdown, while others imposed social distancing and self-quarantine to limit exposure or infecting others. But this is not just a health issue. Businesses are folding, medical professionals are overstretched, and families are affected.
A critical problem that has resulted from the pandemic is keeping with child custody agreements between divorced couples. With the lockdown and quarantine, many children find their visitation schedules in disarray, and parents cannot agree amicably on a compromise.
Front liners are feeling the pain mostly. Doctors, nurses, firefighters, and hospital workers find themselves at a disadvantage as their former partners are suddenly refusing to share custody of their children. Many are being taken to court to force them to give up custody as fear of being a COVID-19 carrier or daily exposure to the disease would put the kids’ health in jeopardy.
As the children’s best interests are always the basis of the court’s decision, it can turn into a heartbreaking battle for co-parents.
Where the Law Stands
In a country that has different laws, parents are grappling to adjust or draw a compromise about their children’s custody.
There is, of course, medical questions. How can one parent be sure the other is taking social distancing seriously? Is their place of residence safe or is it easy to make unnecessary contacts with neighbors in the building? Are they keeping themselves safe and enough so as not to infect the child?
These are legitimate concerns for many couples. It might be easier to come to terms if both parents live in the same town or neighborhood. It gets complicated when they’re from different burrows or states. Constant traveling exposes a child to the virus, no matter how much precautions parents put in place.
Then there are the legal implications of breaking the custody agreement. What would be the repercussions? Will protecting your children and preventing them from going to your ex for their scheduled visits put you in trouble with the law? Also, with job losses and less money for some households should the other party be compelled to provide more financial help?
To make matters worse, most family courts are also closed during the crisis and would only open for emergencies involving abuse or endangerment. Therefore, asking for changes in the current custody agreement may not be possible at this time.
Mediation in Place of Court Order
Divorce and family lawyers are finding themselves busy trying to mediate for their clients. Co-parents are now forced to renegotiate the terms of their custody agreements as they change their routines and try to cope with the effects of the pandemic.
It’s still, of course, important that the children can have a relationship with both their parents. And in times of crisis, staying touch is even more important. Some are adjusting by doing Face Time or video chat with their children. When before they ask their kids to spend less on their computers, it’s become an advantage to keep the communication lines open.
Obviously, the better plan is to keep the children in one place and avoid sending them outside where they would be at risk of infection. It’s simple enough if co-parents can agree amicably on this plan. But stories tell us there are family and legal complications to navigate through.
