Child custody in divorce and coronavirus

Short answer: Child Custody in Divorce and Coronavirus Coronavirus is everywhere and it has impacted almost everyone’s life. From international travel bans, school closures t

Child Custody in Divorce and Coronavirus

Coronavirus is everywhere and it has impacted almost everyone’s life. From international travel bans, school closures to interruption of major events, this pandemic has not spared anyone. People are advised to observe social distancing and avoid crowds and mass gatherings to prevent the spread of the virus. Child custody in divorce is already complex. The pandemic has made it worse for co-parenting in situations where children have to move between households as part of the custody arrangement. Things are not normal. So parents should not fight to have the normal custodial schedule. This is the time to compromise for the safety of the children and everyone. The COVID-19 Parenting guidelines below should help you when discussing child custody in divorce with your ex-spouse as we deal with the coronavirus pandemic. Guidelines for Child Custody in Divorce during the COVID-19 Pandemic

Virtual Visitation

There’s no better time for co-parents to be understanding and supportive than during this pandemic. Right now there are travel restrictions almost everywhere and restrictions on movement are becoming stricter as the spread of the virus continues. Therefore, if children visit a non-custodial parent living out of the country, there is a likelihood of not being permitted back in case stricter country-wide orders are put in place. The movement also puts your children in danger of contracting the virus which makes visitation more complicated. To keep the children safe, they should remain with the parent who has primary custody. The non-custodial parent can then get virtual visitation. For this to work, both parents should be supportive and understand that this is for the great good of everyone as it minimizes the risk of exposure to coronavirus. The non-custodian parent should accept the move while the custodian parent must provide frequent virtual visitations.

Joint Physical Custody

Co-parents can decide on the nature of child custody in divorce if they have joint physical custody. It can either be 50/50 or alternate day or week depending on the situation and nature of their jobs. Whatever schedule you choose, it should be for the best interest of the children. You can decide on which home is best prepared in terms of supply and availability of the parent as the children may require special needs like homeschooling. The children should also be allowed to stay where they feel more comfortable and get the most stability. Again, parents should work together to ensure the child’s safety. If one parent is away, virtual visitation can help with the situation. No parent should deny the other time with the child. This is not the time for disagreements because even the police are dealing with the lockdown situation and may not have enough resources to handle child custody in divorce issues.

Traveling during the Pandemic

While court orders regarding traveling exist and must be followed, these orders may not have anticipated the coronavirus outbreak and, therefore, have no provisions on how to handle the situation. This presents an opportunity for parents to be creative in handling visitation and child custody in divorce. If the other parent lives in a country which is a COVID-19 hotspot, you don’t have to risk taking your child there. You can agree as parents on a solution while keeping the child’s safety interest first. For instance, parents can work out an arrangement where one party gets more time with the children to reduce transitions. During that time, the children should be allowed to regularly stay in touch with the other parent. Given that it’s a tense moment, keeping in touch will help allay any concerns about the well-being of both parties. Once the pandemic is over, the other parent can stay with the children for a similar time to make-up. If the other party cannot compromise and insists on moving the children to a COVID- prone country, you may need to talk with your attorney regarding judicial intervention. This can help to restrict your child’s forced travel by the other parent. The guidelines above should help you with child custody in divorce and keeping your children safe. However, if you can’t come into a consensus, a mediator can chip in to help find a solution. You can do this through a teleconference. To make it work, parents should have an open mind and be ready to follow the mediator’s guidance.

Prioritize Communication and Flexibility

Effective communication between co-parents is crucial. Be transparent about health concerns, potential COVID-19 exposures, and household changes that may affect your child's safety. Establish a regular communication schedule to discuss your child's well-being and any necessary adjustments to the custody arrangement. Flexibility is essential during these uncertain times, and both parents should be willing to adapt for the sake of their child's health and stability.

Create a Pandemic Parenting Plan

Develop a temporary parenting plan that addresses the challenges posed by the COVID-19 pandemic. This plan should include protocols for hygiene and safety, such as frequent hand washing, wearing masks, and minimizing exposure to public places. Outline procedures for what to do if someone in either household shows symptoms of COVID-19 or tests positive for the virus. Agree on quarantine protocols and how to handle medical emergencies related to the pandemic.

Address Schooling and Childcare

With many schools operating remotely or on a hybrid schedule, parents need to coordinate their child's educational needs. Determine which parent is better equipped to support remote learning or homeschooling. Consider the availability of each parent to supervise and assist with schoolwork, as well as access to necessary resources like a quiet study space and internet connectivity. If childcare is required, ensure that caregivers adhere to recommended safety guidelines to prevent the spread of COVID-19.

Legal Considerations

Family courts may be operating with reduced hours or offering virtual hearings. Stay informed about the status of your local family court and any temporary orders or guidelines they have issued in response to the pandemic. If you need to modify your custody arrangement due to COVID-19, consult with your attorney to understand the legal process and ensure that any changes are documented and approved by the court.

Maintain Stability and Routine

Children thrive on stability and routine, which can be challenging to maintain during a pandemic. Try to keep a consistent daily schedule for your child, including regular meal times, study periods, and bedtime. Consistency in both households can help your child feel secure and reduce anxiety related to the ongoing health crisis. Work together with your co-parent to establish and maintain these routines, even if your child is moving between homes.

Support Your Child's Emotional Well-being

The pandemic can be stressful and confusing for children. Be mindful of your child's emotional needs and provide reassurance and support. Encourage open discussions about their feelings and concerns related to COVID-19 and the changes in their routine. Consider seeking the help of a child therapist if your child is struggling to cope with the stress and uncertainty of the pandemic. Ensure that both parents are aligned in their approach to supporting your child's mental health.

Leverage Technology for Co-Parenting

Utilize technology to facilitate co-parenting during the pandemic. Video calls, messaging apps, and shared calendars can help maintain regular contact and coordination between co-parents. Virtual tools can also be used to keep children connected with extended family members and friends, providing them with a sense of normalcy and social interaction despite physical distancing measures.

Stay Informed and Adapt

Stay updated on the latest COVID-19 guidelines from health authorities and adapt your co-parenting arrangements accordingly. This may involve revising your parenting plan as new information becomes available or as the situation evolves. Being proactive and responsive to changes will help ensure the safety and well-being of your child during the pandemic. By incorporating these additional strategies, you can better navigate the complexities of child custody during the COVID-19 pandemic and ensure that your child's needs are met in a safe and supportive environment. If you need further assistance, do not hesitate to reach out to a family law attorney who can provide guidance tailored to your specific situation. 714-390-3766

This article provides general legal information only. It is not legal advice and does not create an attorney-client relationship. For advice about your specific situation, contact a qualified attorney.