How are visitation rights changed by the COVID-19 pandemic?
COVID-19 has changed the way everyone does nearly everything. It has affected the way we shop, work, attend school, and perform day-to-day activities.
The pandemic has caused most states to adopt stay at home orders. It has created confusion when it comes to child custody. To add to another layer of uncertainty, social distancing is one of the best ways to reduce the spread of the Coronavirus.
A family unit is able to set out social distancing plans and remain sheltered in place, together. However, separated and divorced parents are facing the challenge of children going back and forth between multiple homes. But how does it affect a visitation agreement?
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Children and COVID-19
According to the Centers for Disease Control and Prevention (CDC), COVID-19 poses risks for everyone because of its rate of transmission. It is especially dangerous for people with underlying conditions such as asthma.
It is scientifically proven that children carry the virus whether or not they even show symptoms. Kid’s immune systems seem to fend off the worst of it, but those with health problems are still in danger of from the virus.
In many cases, it is not only about the risk to a child. Transmitting COVID-19 to family members with preexisting and underlying issues can lead to catastrophic outcomes.
Concerned parents or guardians need to come together and form a plan to reduce the risk to both households.
Temporary Changes and Alternatives
The worry caused by COVID-19 affects everyone differently. It includes the children involved in custody agreements. It is the parent’s responsibility to come up with a solution to keeping everyone safe in a legal and healthy way.
The best way to approach custody during the pandemic is to come up with a plan together. Temporary changes and alternatives can alleviate the stress of trying to figure out a plan during a shelter in place order.
First, in-person visits can be postponed during a specific window of time. The decision is a hard one, but when two parents can agree on the methods, the amount of stress on a child decreases. The visits can be rescheduled for a later date when everyone feels safe.
Online video chat platforms like Zoom and FaceTime gives parents the power to have virtual visits. They can be daily, or once a week, depending on what parents agree upon. It is up to both parents to decide on a schedule that suits everyone’s needs and fits in with the new norm.
Unique approaches to suspending or changing custody exist, too. Letters, cards, gifts, and text messages are ways to keep up with your child during the pandemic.
When Parents Can’t Agree
Parents or guardians cannot always come to a mutual consensus on how to handle certain situations best. COVID-19 does not make those decisions any easier.
Contacting your family attorney or mediator might be the only option you have to get sound advice on how to handle custody. Many services offer virtual meetings by phone and Zoom. Also, local and state courts are starting to help with child custody guidance.
A judge can intervene with emergency temporary child orders if parents feel their child is at risk. The pandemic has created unchartered territory for divorced or separated parents and the court system.
Local and state courts have made different rulings on how to handle custody during a stay at home order. Some have advised to continue following the prior visitation agreement. Others have ruled the primary residential parent should maintain full-time custody until shelter in place orders get lifted.
In the case of at-risk children, if parents cannot agree on custody and visitation, the best policy is to ask for advice from family attorneys and local and federal court systems.
Everyone wants what is best for a child. The less confusion there is, the better because of the weight of COVID-10 impacts parents, children, and family. It is never a bad idea to reach out and ask for help in coming up with a solution that keeps everyone healthy.
