Personalized Attention. Powerful Representation.

Live Chat

Connect Now

Personalized Attention. Powerful Representation.

Live Chat

Connect Now

Co-parenting in the Face of Coronavirus

Amid the spread of COVID-19, we are all facing unprecedented times. As this pandemic continues, regulations regarding safe practices change daily. One thing on the mind of parents sharing custody is whether or not their court order is enforceable.

Rest assured, custody, visitation, and placement are in effect and continue to be enforceable during this period of time. Court-ordered arrangements remain obligatory and should be followed accordingly.

Any parent planning to use the pandemic as a reason to deny access to another parent can expect the courts to come down hard on parent agreement violations. Many judges view time of crisis to be particularly critical times for children to maintain some form of normality.

In cases where parents are willing to work together, they should consider the following: which parent has better resources for the child to complete distance learning, if one parent has a high-risk job, the health of family members, social distancing rules, etc. In the unfortunate event that a parent is required to self-quarantine or is restricted from having contact with others, efforts should be made to allow for parenting time by video conference or telephone.

A critical aspect of co-parenting that may be affected is where the exchange of children takes place. For some parents, the changeover occurs at school. However, if the school is no longer in session, a new location and time will need to be agreed upon. If the exchange is not possible from someone’s home, it’s suggested to find a public place as close to the child’s school as possible to make the exchange.

In the event which no agreement is made, and one parent is refusing court-ordered visitation, the family court will remain open for such emergencies.

Co-parenting Across State Lines
To contain the spread of COVID-19, most states have instructed residents to remain at home as much as possible. However, children of divorced or separated parents still need to move between households. This can become particularly difficult as states are setting their own guidelines regarding travel and restrictions.

Typically, a child custody order in one state is valid and enforceable in nearly every other state. In some cases where parents live in different states, they may have different orders from their respective states, creating an issue regarding what state has jurisdiction over child custody issues.

In Massachusetts, the Probate and Family Court’s subject-matter jurisdiction over child custody decisions is governed by the Uniform Child Custody Act. Other states adhere to the Uniform Child Custody Jurisdiction Enforcement Act. Both acts encourage cooperation and avoidance of jurisdictional conflict between courts of different States in order to protect the child’s welfare when litigating custody matters.

As with any custody agreement, the needs and safety of the child come first. If you feel your child is in danger or is being unlawfully withheld from you, contact our office for guidance during these unprecedented times.

Facebook
LinkedIn
X
Pinterest
Threads
Email

Search by Keyword

209A abuser's history of violence alimony alimony order changes Alimony Reform Act of 2011 annulment assets bankruptcy beneficiary best interests of the child business business assets child custody child custody modifications child support child support adjustments child support guidelines Client Case co-parenting Collaborative Divorce college Coronavirus court-approved modifications courts COVID-19 custody rights date during divorce de facto parents Division of marital assets Division of Marital Property Division of Property divorce divorce agreement Divorce Later in Life divorce law Divorce Laws divorce process divorce settlement DIY divorce Domestic Abuse Equitable Distribution Essex Probate and Family Court Estate Plan evidence Experienced Divorce Attorney family law Fault Grounds filing for divorce grandchild visitation grandparent custody grandparent visitation gray divorce gray marriage Grounds for Divorce Guardian Ad Litem Guardianship Harassment Orders health care proxy health insurance coverage high net worth HIPAA holidays inheritance ira joint taxes legal advice legal requirements licensed attorney likelihood of continued harm Long-term marriage divorce marital estate marital home marriage marriage fraud Massachusetts Massachusetts Appeals Court Massachusetts divorce Massachusetts family law Massachusetts family law attorney Mediation nature and severity of abuse No-Fault Divorce non-biological parent out-of-state divorce Parental Unfitness Parenting Coordinator parenting plan paternity Pension plans personal finances pet visitation Post-divorce modifications postnuptial pre-nup prenuptial Prenuptial agreements property division Protective Orders relocation residency requirements retirement Retirement accounts Spousal support taxes trusts uncontested divorce Uniform Fraudulent Transfers Act visitation Will + Show All Tags
Need Legal Assistance?

Don’t wait to protect your rights. Contact us today for a free consultation and let our experienced team guide you through your legal challenges.