COVID-19 and Child Custody: Learn How the Pandemic is Affecting Family Law

Posted on: April 22, 2020

COVID-19 and Child Custody: Learn How the Pandemic is Affecting Family Lawaa

As if child custody issues weren’t complicated now, COVID-19 is making them even more challenging. When a divorce is finalized, parents create a Parenting Plan, which is then signed off by the judge. This plan addresses all sorts of child custody issues, including legal and physical custody, as well as child support. Keep reading to learn how these things could be affected by COVID-19 and contact Law Office of Michael L. Fell at (949) 585-9055 for a free legal consultation.

Compromises Are Required Right Now

The plain truth is this: Families are having to work together and compromise. What worked before COVID may not work now. It may not be possible for a child to spend the week with one parent and the weekend with another, without breaking quarantine. Some families are handling this by all living together until the crisis is over, while others are responding by choosing one parent to retain custody until it is safe to pick up where they left off.

We are also seeing cases involving essential workers who simply cannot be around their children with a clear conscience. They are working long hours and are potentially exposed every day, and they do not want to come home to their children. In that event, the other parent or another relative may need to step in.

There Are Many Reasons You May Request a Custody Modification

Any of the above would be reasonable incidents that would require filing for a custody modification. They are relatively straight-forward but not all causes are. For example, what if one parent believes the virus is a conspiracy and is taking the child out to protests that could be put them in danger? What if your child is staying with their other parent who lives with a first responder and you worry about your child being around this person? These can be difficult to convince a judge of.

Most Family Courts Are Closed

Of course, yet another obstacle exists: Most family courts are closed and are also hearing emergency cases. Those would include domestic violence or child endangerment cases. Does this mean you are without options? No – but it does mean that you will have to be prepared for a less straightforward experience.

If you have concerns about child custody during the novel coronavirus, contact Law Office of Michael L. Fell at (949) 585-9055 . We will listen to the facts of your case and help determine what your best options are.