March 24, 2021

Child custody agreements can be difficult to navigate in normal times. You hope that your ex is following the terms of the agreement, you hope that you can co-parent effectively, and most importantly, you hope your children feel safe and secure. COVID-19, in many cases, has made these things more difficult to navigate.

What if My Ex and I Disagree Over Safety?

Some parents think playdates with a small number of trusted families are safe. Others disagree. Some parents think their children belong in in-person school, while others feel that remote learning is safer. Some parents want to allow their children to resume activities, others prefer to stay on Zoom. Eating out, shopping, seeing friends and relatives, and more are all things that co-parents may disagree on.

If one parent feels the other is needlessly restricting interactions, and the other feels that the first is recklessly cavalier, where is the compromise? Can one parent refuse visitation, citing safety reasons? The short answer to this is no. Parents must follow the child custody agreement and COVID-19 concerns are not a sufficient reason to violate a court order. Parents should adhere to CDC guidelines and state and local orders, but they cannot withhold custody exchanges over disagreements. If one parent does violate the custody order or withholds visitation, it may be necessary to file a motion and get the court involved.

What if we are Quarantined During a Custody Exchange?

Keeping your child custody agreements in mind is important. If you break the agreement, you may be accused of contempt or non-compliance and could face fines, attorney fees, and even the loss of some parenting rights. However, keeping your child custody agreement can be difficult during COVID-19. Although general shelter-in-place rules do allow for custody exchanges, what if you and your children were exposed and are quarantining at home at the time of a custody exchange? Obviously you don’t want to break that quarantine and put another household at risk, but you also don’t want to be held in contempt. In this case, a temporary adjusted parenting plan should be created and in-person custody exchanges suspended until the quarantine is over. While it is ideal that this can be agreed upon by the two co-parents, it doesn’t always work out that way.

What if I Can’t Afford Child Support?

Many parents have lost their jobs during the pandemic. Unemployment has soared, and even those who are still employed may have faced wage cuts. Parents are struggling. However, no matter what, parents cannot simply stop paying child support. Parents need to attempt to work out a solution. If the parents can agree on a modification based on circumstances, they can submit the agreement to the court for approval. If the parents cannot agree, the parent paying support can ask the court for a temporary modification. They would need to provide proof of reduction in income, as well as proof that they are searching for a new job. A judge will review the financial situation. Because many state and local governments are attempting to help alleviate financial burdens, if your landlord or mortgage broker is offering relief plans due to COVID-19, you may be required to divert any funds normally allocated for those debts to child support.

What Happens to Child Custody Agreements if the Courts are Closed?

If there is a child custody emergency, you will be able to access legal help. With the courts operating on a limited schedule, disputes may only be handled if they are considered essential. If your dispute is essential, you should be able to follow the protocols your court has implemented in response to the pandemic and get access to a court to resolve your dispute. However, if your dispute is non-essential, you may find yourself having to wait a long time, or you may be advised to settle the matter outside of court. Speaking to your attorney will let you know how to proceed.

Navigating co-parenting during a pandemic is certainly stressful and raises questions that many of us never assumed we’d need to ask. If you are concerned about COVID-19 impacting your child custody agreement and you cannot reach an agreement with your ex, speaking to a lawyer about your parenting rights and the steps you need to take is the right start. If you’re experiencing visitation concerns with your ex and you’re looking for legal guidance, contact my office today.