November 17, 2020

For those going through a divorce, co-parenting can already be a challenge, but co-parenting and establishing a custody agreement during a pandemic will take even more care and consideration. Both parents want to spend time with their children, keep them safe and healthy, and ensure that their children are happy and secure. Covid-19 has made some custody arrangements more uncertain, but with common sense, adherence to court orders, and understanding, parents can navigate the rough situation of developing and following a co-parenting arrangement during a pandemic.

How to Co-Parent in Uncertain Times

It is no question that there are differing viewpoints over how to handle the challenges of the pandemic including hygiene, social distancing, and other proactive measures. When setting up a custody arrangement either during or prior to divorce proceedings, it is inevitable that these issues will come up. One parent may feel the other is too strict, one parent may feel the other is too laid back. A co-parent may be concerned that their child is being put at risk and want to limit time, while the other is nervous that they may not get their due time. The best way that parents can navigate co-parenting during this time is to remain as amicable as possible and put the needs of the children first, difficult as it may be. Communication and cooperation are crucial when determining how to co-parent. While this may be very difficult for parents going through the divorce process, it is important to look at the big picture and always focus on what’s best for the kids.

Shelter-in-Place and Custody Travel

Custody travel is not impacted by shelter-in-place orders. Stay-at-home orders say that travel necessary to enforce a custody agreement is essential. Even during the pandemic, you have the right to your regular parenting time. However, this doesn’t mean that your co-parent always wants to adhere to it. One parent may insist that allowing travel between homes is unsafe and they are justified in not honoring a court order. It’s important that both parents understand the law as it applies during the pandemic. While a parent may try to block access, they are not legally correct in doing so, and the parent who is denied time does have some options to get their parenting time.

How to Handle Parenting Time Denial

Despite the fact that custody travel is considered essential, parents have been denied their parenting time during the pandemic. The parent with primary physical custody may refuse to allow the children to leave their home, citing safety concerns overriding the agreement. When this happens, the parent who has been denied their time should contact their attorney about how best to handle the situation. Family courts have set the precedent that children should not be denied time with either parent during the pandemic, and that custody agreements still need to be upheld nationwide. Your attorney can advise you on the steps you should take.

Filing in Court During a Pandemic

Although in-person court processes may not look the same during the pandemic, your attorney should still be able to file. It’s important to file as soon as possible-even if you aren’t able to get an emergency order in front of a judge-to show that parenting time is important. Documenting everything will help you when the courts are back in full session. If you wait, your spouse may attempt to use it as evidence against you.

Co-parenting is a challenge. Co-parenting during a pandemic is the next level of challenge. Whether the custody arrangement is new or established, it is important that both parents use common sense, compassion, and communication to determine what is best for their children. If your co-parent is making this difficult, I can help you make sure you still get your rightful time with your children. Contact my office today.