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.

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5 Tips for Parents Sharing Child Custody During the COVID-19 Pandemic

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child cutody Coparenting effectively and positively is difficult enough during the best of times. However, co-parenting during a pandemic and global crisis is nearly impossible. But do not fret. Here are five tips for parents sharing child custody during the COVID-pandemic.

Follow Court Orders
Even while stay-at-home orders are in place and travel is restricted to only that which is “essential,” you are still bound by the terms of your current court order, so it is important that you follow the court’s order. By following, you will show that you respect the court’s authority, and you can also help prevent unnecessary conflict in your child custody case. The court order also provides an objective plan for both parents, so you can refer to it if you have questions.

Keep in mind that even if your child is taking online classes this semester, you will still follow the traditional school calendar. Following this schedule will provide much-needed stability to your child during this unprecedented time.

Practice Open Communication
One of the essential elements of a good co-parenting relationship is open communication. This is even more important during a global pandemic and economic crisis. Share with your co-parent your concerns and also what you are doing to prevent the spread of infection, such as making alternative arrangements at work, practicing social distancing, constantly washing your hands, and complying with all recommendations from the CDC. The other parent’s concerns may be alleviated if you simply talk through the efforts you are making to prevent the spread of infection.

Be sure that you also have occasional age-appropriate conversations about the pandemic and the importance of following these safety precautions. Try to provide this information in a calm, matter-of-fact way so that you do not scare your child. You may also need to limit your child’s exposure to the media and clear up any misunderstanding he or she may get from his or her peer group. Answer any questions that your child has truthfully.

Be Flexible
If it becomes necessary to make changes, try to be flexible, if at all possible. The pandemic has created unique challenges that no one anticipated, such as changing work schedules and responsibilities, shutting down schools, and limiting travel. If a different arrangement will better suit your family than what is in your current court order, you and the other parent can make temporary changes to it as long as you both agree., but get this new change in writing to avoid any confusion or conflict.

child cutody during covid-19 Be Transparent
It is also important to be transparent with the other parent during this unprecedented time. If you have come into contact with an infected person, let the other parent know. Talk about self-quarantining and make alternative arrangements for your child. Likewise, if your child may have been exposed to the virus, communicate this information to the parent so he or she can be tested and appropriate arrangements can be made.

Work Together
If you, the other parent, or your child gets sick, work together to make important decisions. Even if everyone is fine, it is still important to work as a team during this difficult time. If the other parent is an essential worker and has to miss a visit, try to allow them to make up the time later.

If you or the other parent has been negatively affected financially because of the pandemic, try to communicate with the other parent about how to ensure that your child’s basic needs continue to be met. It may be necessary to modify a child or spousal support order, but you both can save much-needed resources by working on this issue together. Try to understand that your ex did not cause the current economic hardship and that you are both trying the best you can to make it through this difficult time. Remember that your child is looking to you as a model on how to deal with adversity, so be sure that you be the leader he or she needs.

Contact a Compassionate Maryland Family Law Attorney
Our family lawyers understand the difficulty the pandemic has brought on for many families across Maryland and we are here to help guide you during this difficult time. We can help you uphold existing court orders, help you mediate an amicable resolution in the face of conflict, or seek a modification of your court order that will better suit the needs of your family under today’s conditions. Contact Douglas Cohn Attorney at Law at (301) 986-8877 to learn more.