Temporary Rescheduling Of Child Custody Orders in Corona Virus Pandemic Timesby John Fostar Media Releation
In the United States, the laws related to custody of children following divorce is governed by the states and not by the federal government.
Admittedly we must keep in mind that each of the 50 states and the District Of Columbia has its own law.
However, there is consensus among divorce and custody lawyers that child custody must be decided according to the best interest of the child.
The law is also clear that parents must be treated fairly in matters of custody.
It is to be remembered that this was not so during the 1960s and 70s.
Mothers were automatically granted custody if they were considered fit.
Subsequently principles of equality took precedence both at workplaces and divorce disputes in the United States.
Now fairness is the guiding principle governing child custody.
Family and divorce lawyers in Largo also reiterate that while deciding custody of children, parents have options such as “joint custody” and “sole custody” with visitation rights.
Things however became tricky during the Covid-19 pandemic.
Divorced and separated parents have found it a nightmare to mediate disagreements mutually.
The pandemic and shutdown effectively trapped parents who were divorced or separated because they were unable to get assistance from their usual resource – the courts or the legal system.
This is not surprising because the corona virus outbreak affected every aspect of American life.
Medical experts say social distancing is one of the key answers to slow the spread of the virus.
But lawyers are in agreement that the social distancing and shelter-in-place rules do not directly impact custody orders.
Lawyers are of the opinion that parents can continue to follow the ongoing custody arrangement; unless they agree or another plan or if the judge modifies the order.
“Denying visitation during the pandemic is not tolerated”, says one of the divorce and custody lawyers. “It can result in contempt of court and sanctions”.
Yet parents can have valid reasons that may need temporary change in custody.
- One of the parents has been exposed to someone with confirmed corona virus.
- A parent is exhibiting symptoms of Covid-19.
- The child for some reason has high risk of getting Covid-19.
In order to alter your custody arrangement, you must prove to the court that a change has occurred in the circumstances that warrant a modification in the best interests of the child.
If you are one of those who desire a change, the best bet is to work with one of the competent divorce and custody lawyers and assemble the facts of your case.
The information can include:
- Statements as required from medical professionals, caregivers, and other witnesses
- A report that lists parenting time
- Emails, texts, and social media posts that can help in the case
In case you desire only a minor modification in your child custody order, you may not have to go to court as long as the co-parent agrees to the changes.
The present uncertainty need not create ambiguity for children. If circumstances require flexibility in the schedule, it can be made.
Created on Mar 10th 2021 02:05. Viewed 529 times.
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