Can the Coronavirus Affect Custodial Rights? How Divorces and Parenting Time May Be Impacted?

In Maryland custody and visitation order remain in place during this pandemic. However, if either parent is at risk with a compromised immune system or the child has a medical issues (i.e. asthma), then the parents should work out alternative means for access (FaceTime, Zoom, controlled environment, etc.). If this is not possible then the parents should work out “make-up” time for a safer/later date. There is no formula for when access is or can be safe in each particular case. However, the goal is for each parent to maintain contact in one form or another. In D.C., it is a similar situation. The main goal is the safety of the minor child(ren).

Can I Proceed With Divorce if a Stay at Home Order is in Effect?

The short answer is yes you can proceed with a divorce. However, the court is working with minimum staff and it may not be processed as fast as it would ordinarily be processed (a summon is normally issued within 10 days of filing). However, if you can file a divorce with a full global agreement with your spouse, the court is proceeding with uncontested divorces and NOT requiring the parties to come to the court house. To that end, see the mediation blog for A SMARTER DIVORCE MEDIATION SERVICES.

Will I be Able to Meet With my Divorce Attorney During the Coronavirus Pandemic?

Yes. FaceTime and Zoom have been used often and work is still being done to advance cases.

Facing Child Custody Concerns During the Coronavirus Pandemic?

The court will probably not deal with issues of access during this time. This court is dealing with emergency motions and access issues will normally not be dealt with as they are not considered “emergencies.” There are instances where access could be considered an emergency (i.e. one parent wants to travel, the child or parent has underlining medical conditions, etc.). However, this is dealt with on a case-by case basis. It is probably best to consult with an attorney about your particular fact scenario and issue.

Does a Lockdown or Stay-At-Home Order Affect My Custody/Possession Schedule?

Parents can adjust the schedule to meet the child’s medical and/or emotional needs. If the parents cannot work out an alternative parenting plan then they can seek mediation. Usually, any time lost can be made up at a later date. The last thing kids want is parents fighting about them so do everything possible to come to an agreement that you can live with and that meets the safety needs of the child.

What If the Other Parent Is in Another State? Can I Still Exercise Time With the Kids?

Yes, if there is a court order, you can travel across state lines.

I Lost My Job Due to COVID-19. Do I Still Have to Pay Child Support?

Obviously, if your income changes then your child support can change. However, please be aware that child support ONLY CHANGES BACK TO THE DATE THAT YOU FILE FOR A MODIFICATION OF SUPPORT. The court is accepting child support modification petitions. You may not get a hearing right away but you are filing to make sure that any modification which does occur can go back to the date of filing. It is best to file for a modification as soon after you have a loss in income.

Do we have to follow the Parenting Plan if we, as parents, agree that to a different plan would be better for our children during the Coronavirus?

It is assumed that parents know best for their children. If the parents can agree on an alternate plan then the court will not stop that change. The change should be in writing (an email is fine) and it should state if it is temporary change of=r meant to be longer term.

Mom and Dad share parenting time 50/50. Mom is in a high-risk group for Coronavirus. Dad is not practicing social distancing with the kids; they play with neighbors and go to stores. What can Mom do?

Consult with an attorney. These are very fact specific situations.

Dc Metro Divorce Lawyer | Douglas Cohn Attorney at law

Knowledgeable DC Metro Divorce Lawyer with More Than Three Decades of Experience

People may have said “I do,” but sometimes it ends in “I do not” because of different circumstances. If you think you want to end your marriage, you will need assistance in filing, dividing your assets, and negotiations for child custody and parenting time if you have children. Work with an experienced and accomplished DC Metro Divorce Lawyer who can handle your concerns in a professional and understanding way.

Going through a divorce is a despairing and stressful experience, however, Douglas Cohn Attorney at Law is here with you as you go through this difficult phase of your life. Clients choose Douglas Cohn, DC Metro Divorce Lawyer because:

He is experienced and qualified. He has been practicing law for more than three decades already. He has focused on family law ever since, and divorce matters are under family law.

He understands the couples going through a divorce and he will help you establish your grounds for dissolution of marriage in Maryland.

As a divorce attorney, he is there to represent you in court and guide you throughout the process. He is present to protect your best interests, your assets, and help you make the right decisions for you and your children.

In Washington DC, to be eligible for a divorce, you should meet the following: residency, proof of marriage, and grounds.

For you to have eligibility in getting a divorce, you must have lived in Washington DC for an uninterrupted six months the least. An original copy of your certificate of marriage should also be presented.

Washington DC is a no-fault state when it comes to divorce, it recognizes two grounds only:

Mutual and voluntary separation for six months: This means you and your spouse have not been living together for the past six months voluntarily. This must also be a mutual agreement and no cohabitation or sexual relations has been happening between the two of you for the previous six months.

Separation for one year: This may be a mutual agreement or not. But if you have not been living in one roof for a year now and no cohabitation or sexual intercourse happened between you and your spouse for a year, you can file for a divorce.

Before filing a divorce you must know whether it is contested or uncontested. An uncontested divorce means it is a mutual agreement and you have things figured out– the division of assets, child custody and parenting time, child support, and other matters related to a divorce. With this, your divorce process might be fast than usual. But if you have disputes with your spouse and you need the court to intervene to figure out a few things for you, it is a contested divorce. You will discuss and negotiate with your divorce lawyer and your spouse in court for the division of assets, child custody, child support, and parenting time.

Whether uncontested or not, you must work with a DC Metro Divorce Lawyer that is familiar with the law in the state. This is not just good for you but also for your children. Having an accomplished attorney who will protect your best interests can make the divorce processes less hassle and stressful.

Let us help you through this difficult time. Douglas Cohn has been working in this field and with different couples of various cases for more than 30 years. He is experienced and knowledgeable enough to handle this for you. For high-quality legal assistance for your divorce, contact us. We are here to listen and aid you in your divorce. You can call us at 301-968-6840.

Share on Social Media

We Are Here

7910 Woodmont Avenue, Suite 1400
Bethesda, MD 20814
Phone: (301) 986-8877
Fax: (301) 986-4001
Email: dcohnlaw@gmail.com

Quick Links

Business Hours

Mon - Fri: 9:00 AM - 5:00 PM
Sat - Sun: CLOSED

2022 Trusted Divorce Lawyers