Do Your Parenting Arrangements Need to Be Adjusted Because of the Pandemic?

By Janice Roven, Esq.

For divorced parents, especially those with young children, debates about parenting time and child custody don’t end inside the courtroom. Life is messy, and emergencies do occur, often requiring last- minute alterations in the parenting schedule.

Most parents are able to communicate civilly and coordinate last-minute changes required by an emergency. But during an extended emergency, like the ongoing Covid-19 pandemic, navigating the parenting schedule and abiding by court-ordered custody arrangements can be especially difficult.

What should you do if one parent has the virus? How do you abide by the Court’s orders while safeguarding your children’s health?

It’s a major concern that many divorced parents are facing right now, as our nation’s most prominent medical experts have made clear just how contagious the virus is, as well as its potential to be lethal.

While all court orders and all agreements between the parties should be fully respected whenever possible, there are conditions where parents should reconsider the parenting time schedules they currently have in place:

• If one parent has tested positive for Covid-19, has symptoms of the virus, or has been in direct contact with someone who tested positive, it’s best for the children to stay with the other parent.
• If parents need mass transit, a taxi, or a car service like Uber or Lyft to transport the kids between the parents’ homes, it’s best for the children to stay with the parent they are currently living with to avoid any unnecessary risk of contracting the virus.
• If, however, you do not need public transportation or a car service to abide by the established parenting schedule, or you can use your own car for the parenting exchanges, we strongly recommend that you continue with the court-ordered or agreed-upon parenting schedule.

The goals here are simple: stopping the spread of the virus and, as always, serving your children’s best interests. As Governor Cuomo has made clear, under our current circumstances, with no vaccine at hand, the only safe way to proceed is by staying home with our families and, if we absolutely need to go outside, staying at least six feet away from those we don’t live with.

If parenting time conflict do crop up, think of ways to amicably resolve those conflicts. For example, if one parent’s parenting time is curtailed by the pandemic, you should work together to create makeup parenting time for that parent after the current crisis passes. You should also schedule regular video chats between the kids and the other parent. Keeping them connected by Zoom, FaceTime, or Skype can deflate a lot of potential conflicts.

And remember, the pandemic should not be used as a weapon to frustrate the other parent’s time with the children. That approach is a losing strategy for you and your kids because it could damage your communication with the other parent and hinder your ability to coordinate on any last-minute changes to the parenting schedule that might be needed down the road.

If you are having disputes regarding parenting time or have questions about parenting time time and Covid-19, contact us to learn how we can help you successfully navigate these challenging issues. RovenLawGroup.com